Authentiek
: EN

No. I

I have the honour to refer to the Convention on the Rights and Obligations of Foreign Forces and their Members in the Federal Republic of Germany, signed at Bonn on May 26, 1952 as amended by Schedule II to the Protocol on the Termination of the Occupation Regime in the Federal Republic of Germany signed at Paris on October 23, 1954, the text of which Forces Convention together with that of the related Finance Convention is annexed to the present letter (Annex A). Article 1, paragraph 4 (b) of the Forces Convention provides that a Sending State may, by agreement with one of the Three Powers assume vis-à-vis the Federal Republic the rights and obligations of the Convention, and that any rights and obligations not assumed by the Sending State remain the concern of the Three Powers. Article 1 of the Finance Convention allows a similar division of responsibility for the rights and obligations under that Convention.

Acting upon instructions from Her Majesty's Principal Secretary of State for Foreign Affairs I have the honour to propose that the division of responsibility between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Kingdom of the Netherlands for the rights and obligations in question should be in accordance with the Annex hereto (Annex B) which lists all those Articles of the Forces Convention and the related Finance Convention in which mention is made of either “The Power Concerned” or “the authorities of the Forces”. The views of the Government of the Federal Republic of Germany on these arrangements were received in a Note dated October 29, 1955.

If these proposals are acceptable to the Netherlands Government, I have the honour to suggest that this letter and its Annexes and Your Excellency's reply thereto shall constitute an agreement between our two Governments in this matter, valid for the maximum period of one year from the date of your reply above mentioned.

I have the honour to be,

with the highest consideration,

Your Excellency's obedient Servant.

(sd.) F. R. HOYER MILLAR

His Excellency Monsieur A. Lamping,Ambassador of the Netherlands,Bonn,Koblenzerstrasse 96.

ANNEX A. TO SIR F. HOYER MILLAR'S LETTER OF JUNE 11, 1956, TO H.E. MONSIEUR A. LAMPING, AMBASSADOR OF THE NETHERLANDS AT BONN

PART ONE. — GENERAL

Article 1. Definitions

In the present Convention and the Annexes hereto the following terms shall be given the meanings hereinafter indicated:

1. The Federal territory: The territory in which the Federal Republic exercises jurisdiction, including its waters and the air space over such territory and waters.

2. The Three Powers: The United States of America, the United Kingdom of Great Britain and Northern Ireland and the French Republic.

3. Other Sending State: Any Power, other than one of the Three Powers, which, by agreement with the Three Powers or any one of them, has Forces stationed in the Federal territory on the entry into force of the present Convention; and any other Power which may in future have Forces stationed in the Federal territory,

(a) if before the entry into force of the arrangements for the German Defence Contribution, by agreement with the Three Powers, or any one of them, so far as such other Power does not, with the consent of the Three Powers, conclude a separate Convention with the Federal Republic concerning the status of its Forces, and

(b) if after the entry into force of the arrangements for the German Defence Contribution, by agreement with the Federal Republic.

4. The Power concerned: That Power whose rights and obligations are concerned in the particular case, namely:

(a) in the case of one of the Three Powers, that Power;

(b) in the case of another Sending State,

(i) that one of the Three Powers which has been named as the Power concerned on the basis of an agreement, to be notified to the Federal Government, between the Sending State and the Three Powers or any one of them; or

(ii) the Sending State itself to the extent to which it assumes vis-à-vis the Federal Republic, by an agreement concluded with the Three Powers or any one of them, after ascertaining the views of the Federal Government, all or certain of the rights and obligations arising out of the present Convention, and gives the Federal Government formal notification thereof; for the remaining rights and obligations, one of the Three Powers to be notified to the Federal Republic in accordance with item (i) of this sub-paragraph.

5. The Forces: The armed Forces of the Three Powers and of other Sending States stationed in the Federal territory.

6. The authorities of the Forces: The authorities of the Forces of the Power concerned.

7. Members of the Forces:

(a) persons who, by reason of their military service relationship, are serving with the armed Forces of the Three Powers or other Sending State and are present in the Federal territory (military personnel);

(b) other persons who are in the service of such armed Forces or attached to them, with the exception of persons who are nationals neither of one of the Three Powers nor of another Sending State and have been engaged in the Federal territory; provided that any such other persons who are stationed outside the Federal territory or Berlin shall be deemed to be members of the Forces only if they are present in the Federal territory on duty (followers).

The following are considered “Members of the Forces”: dependants who are the spouses and children of persons defined in sub-paragraphs (a) and (b) of this paragraph or close relatives who are supported by such persons and for whom such persons are entitled to receive material assistance from the Forces. The definition “Members of the Forces” shall include Germans only if they enlisted or were inducted into, or were employed by, the armed Forces of the Power concerned in the territory of that Power and at that time either had their permanent place of residence there or had been resident there for at least a year.

8. Germans: Germans within the meaning of German law.

9. Accommodation: Land, including all property permanently attached thereto, and all rights of use related to land, including such property, used or to be used by the Forces within the Federal territory.

10. Installations: Land, buildings or part thereof, and all property permanently attached thereto, which, pursuant to the provisions of the present Convention, are allotted for the exclusive use or occupancy (im ausschliesslichen Besitz) of the Forces. This definition shall not apply to Article 20 of the present Convention.

Article 2. Observance of German - Law Political Activity

1 The members of the Forces shall observe German law, and the authorities of the Forces shall undertake and be responsible for the enforcement of German law against them, except as otherwise provided in the present or in any other applicable Convention or agreement.

2 The members of the Forces shall abstain from any activity inconsistent with the spirit of the present Convention and shall in particular refrain from any political activity.

Article 3. General Obligations

1 In asserting the rights and immunities accorded to them under the present Convention, the Forces shall give due consideration to German interests, public and private, particularly by taking into account the capacity of the German economy and the essential domestic and export requirements of the Federal Republic and West Berlin.

2 The German authorities shall exercise the powers which they have under the Basic Law in the fields of legislation, administration and judicial action so as to ensure the protection and security of the Forces and their members and of the property of the Forces and their members, and to ensure the satisfaction of the requirements of the Forces and the performance of the obligations of the Federal Republic as provided in the present Convention.

3 The provisions of Annex A to the present Convention shall enter into force simultaneously with the present Convention. They shall apply also to offences committed in the Federal territory against the armed Forces of the Three Powers stationed in Berlin. The Federal Republic shall not reduce the legal protection afforded by the provisions of this Annex.

4 The German authorities shall not subject or, within the scope of their power, permit the subjection of the Forces and their members, or the property of the Forces and their members, to prejudiced or less favourable treatment, other than that which is, in accordance with international law and practice, established by law with respect to aliens ordinarily resident in the Federal territory.

Article 4. Reciprocal Assistance and Security

1 The authorities of the Forces and the German authorities shall extend full co-operation and assistance to each other to further and safeguard the security of any Power concerned and of the Federal Republic and that of the Forces stationed in the Federal territory, and their members, and of the property of the Forces and their members.

2 Such co-operation and assistance shall extend, in accordance with an understanding to be reached between the appropriate authorities, to the collection, exchange and protection of the security of all pertinent information.

PART TWO. — JURISDICTION

SECTION I. — Criminal Proceedings

Article 6. Criminal Offences: Jurisdiction and Applicable Law

1 Except as otherwise provided in the present Convention, the authorities of the Forces shall exercise exclusive criminal jurisdiction over members of the Forces. A death sentence shall not be carried out in the Federal territory by the authorities of the Forces as long as German law does not provide for such penalty.

2 Where, under the law of the Power concerned, the service tribunals are not competent to exercise criminal jurisdiction over a member of the Forces, the German courts and authorities may exercise criminal jurisdiction over him in respect of an offence under German law committed against German interests, in accordance with the following provisions:

(a) no criminal proceedings, other than those provided for in Article 7 of the present Convention, or urgent preliminary investigations, after consultation, as far as practicable, with the authorities of the Forces, shall be instituted by the German courts or authorities until the authorities of the Forces have been consulted by the appropriate German authorities and been given the opportunity, within twenty-one days from the receipt of information as to the facts involved, to make representations and recommendations in regard to the effect upon the security of the Forces of any such criminal proceedings; any such representations and recommendations shall be given due weight by the German courts or authorities. Such consultation shall, however, not be required where the alleged offence is one the penalty for which, under German law, is merely detention for not more than six weeks or a fine not exceeding DM 150 (Übertretung), unless the German authorities consider that the security of the Forces is or might be involved in the case in question;

(b) the German courts and authorities shall, within the discretionary powers conferred on them by German law, abstain from prosecution in any case in which

(i) such abstention is permitted by German law; or

(ii) the offender has been suitably punished by disciplinary action of the authorities of the Forces;

(c) the German courts and authorities shall decide upon questions of arrest, detention and execution of punishment in accordance with the provisions of German law. The authorities of the Forces shall execute any warrants of arrest and detention. An accused person so taken into custody by the authorities of the Forces shall remain in their custody until, by virtue of a final (rechtskräftig) judicial decision, he is released or sentenced. The authorities of the Forces will take appropriate measures to prevent any prejudice to the course of justice (Verdunkelungsgefahr). They will hold an accused person so taken into custody at the disposal of the German courts and authorities, will grant access to him at any time by the German courts and authorities and on request present him to the German courts and authorities for the purposes of investigatory proceedings, trial and the serving of any sentence which may be imposed. Where an accused person is not taken into custody, the authorities of the Forces will take measures to ensure that he is at the disposal of the German courts or authorities for the purpose aforesaid;

(d) any sentence of imprisonment shall be served in a German penal institution.

For the purposes of this paragraph, the expression “offence under German law committed against German interests” shall mean any offence under German law other than an offence directed against the Forces, their members, or the property of the Forces or their members.

3 The exclusive jurisdiction of the German authorities over persons who are subject to German criminal jurisdiction shall include those cases in which the criminal offence is directed against the Forces, their members, or the property of the Forces or their members.

4 With the consent of the German authorities the authorities of the Forces may transfer to German courts or authorities, for investigation, trial and decision, groups of, or particular, cases for which they are exclusively competent under paragraph 1 of this Article.

5 With the consent of the authorities of the Forces, the German authorities may transfer to the authorities of the Forces, for investigation, trial and decision, particular cases of the nature described in paragraph 3 of this Article in which the alleged offender is not a German.

6 In cases under paragraphs 1 and 5 of this Article, the authorities of the Forces will apply their own law. If such cases involve acts which are punishable under German law, but not under the law of the Power concerned, German law shall apply.

7 In cases under paragraphs 3 and 4 of this Article, German law shall apply.

Article 7. Arrest, Search and Seizure

1 Members of the Forces who properly identify themselves by means of an identity document issued under Article 24 of the present Convention shall not be subject to arrest by German authorities.

2 German authorities may, however, take into custody a member of the Forces, without subjecting him to the ordinary routine of arrest, in order immediately to deliver him, together with any weapons or items seized, to the nearest appropriate authorities of the Forces

(a) when so requested by the authorities of the Forces;

(b) in the following cases in which the authorities of the Forces are unable to act with the necessary promptness:

(i) when apprehended in flagrante delicto

(1) for the commission or attempted commission of a criminal offence which results or might result in serious injury to persons or property, or serious impairment of other legally protected rights (Rechtsgüter); or

(2) insofar as this appears necessary to abate an already existing serious disturbance of public order;

(ii) if there is danger of flight, for the commission or attempted commission of espionage to the prejudice of the Federal Republic.

3

(a) The German authorities may search a member of the Forces or the property in his immediate possession

(i) when so requested by the authorities of the Forces;

(ii) if he is taken into custody under paragraph 2 of this Article, to the extent necessary to disarm him or to seize any item constituting proof of the criminal offence for which he is taken into custody.

(b) The provisions of the fourth sentence of paragraph 5 of Article 35 of the present Convention shall not be affected.

(c) The official quarters of a member of the Forces, or where there are none the residence occupied by him with permission of the authorities of the Forces, may not be searched by German authorities, except at the request of the authorities of the Forces. If such residence of the member of the Forces is not an installation, either his consent or that of the authorities of the Forces to the search shall be sufficient.

4 The German authorities shall notify the appropriate authorities of the Forces of the arrest of any person working in the service of the Forces.

5 The appropriate authorities of the Forces may

(a) arrest members of the Forces;

(b) take into custody a person who is subject to German criminal jurisdiction, without subjecting him to the ordinary routine of arrest, in order immediately to deliver him, together with any weapons or items seized, to the nearest appropriate German authorities:

(i) when so requested by the German authorities;

(ii) in the following cases in which the German authorities are unable to act with the necessary promptness:

(1) when apprehended in flagrante delicto for the commission or attempted commission of a criminal offence against the Forces, their members, or the security, property or other legally protected rights (Rechtsgüter) of the Forces or their members; or

(2) if there is danger of flight, for the commission, or attempted commission, of a criminal offence under Sections 1 to 9 inclusive of Annex A to the present Convention;

(iii) within an installation, when there are reasonable grounds to believe (dringender Verdacht) that his presence is unauthorised or that he has committed a criminal offence within the installation.

6 Where the authorities of the Forces believe that a person subject to German jurisdiction has been guilty of a criminal offence under Sections 1 to 11 inclusive of Annex A to the present Convention, the following special provisions shall apply:

(a) if the suspect is to be arrested by the German authorities, the authorities of the Forces shall, if practicable, be given timely notification and may designate investigators to be present at the arrest. The latter may also be present at any searches or seizures undertaken in connection with the investigation. The authorities of the Forces shall have the exclusive right, for a period not to exceed twenty-one days following the arrest, to conduct interrogations of the suspect concerning any offences of which he is suspected and related matters. For this purpose their investigators shall have access to the suspect at any time. An official designated by the German investigating authority may be present at the interrogation, of the conduct of which such authority shall be given timely notification. The German investigating authority shall take appropriate measures to prevent any prejudice to the course of justice (Verdunkelungsgefahr) and shall refrain from any investigation activity of its own unless the investigators of the Forces request such investigation. During the interrogation by the investigators of the Forces, it shall, at their request, make the applications provided for in the German Code of Criminal Procedure and shall see to it that the judicial decisions suited to promote the investigation proceedings are issued and that the measures ordered in such decisions are carried out. At the conclusion of the investigation by the investigators of the Forces, in any event not later than twenty-one days after the arrest, the interrogations and the other investigation proceedings shall be continued by the German investigating authority. The investigators of the Forces shall deliver to the German investigating authority all evidence collected in the course of the investigation, unless security considerations require otherwise;

(b) if the suspect is not a German, the provisions of sub-paragraph (a) of this paragraph shall apply, subject to the following proviso:

The appropriate authorities of the Forces may take the suspect into their own custody for a period of twenty-one days and may themselves conduct all interrogations and other investigations. For the judicial measures required for this period, a member of the Forces authorised to exercise judicial functions shall be assigned to the competent German courts as an assessor not entitled to vote.

7 The authorities of the Forces may search a person who is subject to German jurisdiction or the property in his immediate possession

(a) when so requested by the German authorities;

(b) if he is taken into custody under sub-paragraph (b) of paragraph 5 of this Article, to the extent necessary to disarm him or to seize any item constituting proof of the criminal offence for which he is taken into custody.

8 The constitutional immunities of the Federal President and the members of the German Federal and Land legislative bodies shall not be impaired by the provisions of this Article.

Article 8. Procedure and Co-operation in Criminal Proceedings

1 The authorities of the Forces shall take such measures against members of the Forces who have committed criminal offences against German interests as they would take if such offences had been committed against the Power concerned, the Forces or their members, or their property.

2 The German authorities shall take such measures against persons subject to their criminal jurisdiction for criminal offences against the Forces, their members, or the property of the Forces or members as they would take if such offences had been committed against the Federal Republic, its Länder or its nationals, or their property.

3

(a) The authorities of the Forces shall at the request of the German authorities notify the latter of the arrest of any person for a criminal offence described in paragraph 1 of this Article.

(b) The German authorities shall at the request of the authorities of the Forces notify the latter of the arrest of any person for a criminal offence described in paragraph 2 of this Article.

4 Trial of a member of the Forces for a criminal offence described in paragraph 1 of this Article, committed within the Federal territory, shall be held within that territory except in cases of military exigency. When military exigency requires that the trial of such an offence be held outside the Federal territory, the authorities of the Forces shall so inform the German authorities, with particulars of the time and place of trial. The German authorities shall be entitled to have observers present unless security considerations require otherwise and shall be informed of the result of the trial.

5 The German authorities and the authorities of the Forces shall extend mutual co-operation in the prosecution of criminal offences under paragraphs 1 and 2 of this Article. Unless security considerations require otherwise, they shall permit representatives of the appropriate authorities to attend the trial and, within the applicable regulations, grant them the opportunity to present their views on questions of law and fact. In addition to the cases provided under German criminal procedure, the Forces or their members shall also have the right to appear as co-prosecutors (Nebenkläger) before German courts, to the extent that the criminal offence is directed against the security or the property of the Forces or their members or is one of the offences listed in Annex A to the present Convention. On request the German authorities and the authorities of the Forces shall inform each other of an intent to initiate, to refrain from initiating, or to discontinue a prosecution or disciplinary proceeding and of the decision.

SECTION II. — Non-Criminal Proceedings

Article 9. Jurisdiction and Procedure in Non-Criminal Proceedings

1 Subject to the provisions of the present Convention and any other applicable agreement, German courts and authorities shall exercise jurisdiction over members of the Forces in non-criminal proceedings.

2 Unless proceedings in non-criminal matters are commenced on the application of a member of the Forces, the German courts and authorities will serve upon the member concerned the written documents or court order whereby the proceedings are commenced even if such service is not required by German law and regulations.

3 The German courts and authorities shall grant members of the Forces sufficient opportunity to safeguard their rights. If a member of the Forces is unable because of official duties or authorised absence to protect his interests in a non-criminal proceeding in which he is a participant, the German court or authority shall at his request suspend the proceeding until the elimination of the disability, but for not more than six months. The existence of the disability shall be established (glaubhaft machen) by the member of the Forces. A certificate of the ground and duration of the disability issued by the appropriate authorities of the Power concerned shall be given due weight by the court or authority. The proceeding need not be suspended if the interests of the member of the Forces can adequately be protected by a person authorised to represent him before a court or other representative entitled to safeguard his rights.

4 The members of the Forces shall enjoy the same rights as Germans in respect to the right to free judicial assistance (Armenrecht). They shall not be obligated to post security for costs of any kind in cases where Germans are free from such obligation. Certificates required to establish the right to free judicial assistance shall be issued by the appropriate consular authorities after they have made the necessary investigations.

Article 10. Enforcement of Judgments, Decisions and Orders

1 The authorities of the Forces shall, insofar as service regulations permit, take all appropriate measures to aid in the enforcement of judgments, decisions and orders (vollstreckbare Titel) of German courts and authorities in non-criminal proceedings.

2 If the enforcement of such judgment, decision or order is to be effected within an installation of the Forces, the German court or authority shall request the authority of the Forces responsible for the administration of the installation to enforce or permit the enforcement of the judgment, decision or order. The authorities of the Forces shall, if possible, comply with the request. The authorities of the Forces shall deliver to the appropriate German authority property taken by themselves for satisfaction of the judgment, decision or order.

3 Property of a member of the Forces which is certified by the appropriate authority of the Forces to be needed by him for the fulfilment of his official duties shall be free from seizure for the satisfaction of a judgment, decision or order, together with other property, tangible and intangible, which under German law is not subject thereto.

4 The personal liberty of a member of the Forces shall not be restricted by a German court of authority in a non-criminal proceeding, whether to enforce a judgment, decision or order, to compel an oath of disclosure, or for any other reason.

5 No payment due to a member of the Forces from his Government shall, except to the extent permitted by the laws and regulations of the Power concerned, be subject to any attachment, garnishment or other form of execution ordered by a German court or authority.

SECTION III. — Provisions Common to Criminal and Non-Criminal Proceedings

Article 11. Presence in Court. Witnesses. Service of Process

1 The authorities of the Forces shall, unless military exigency requires otherwise, secure the attendance of members of the Forces whose presence is required by a German court or authority, provided that such appearance is compulsory under German law. If military exigency prevents such attendance the authorities of the Forces shall furnish a certificate stating the basis and duration of such disability.

2 German courts and authorities shall, in accordance with the provisions of German law, secure the attendance of persons whose presence as witnesses or experts is required by a service tribunal or other authority of the Forces.

3 The provisions of paragraphs 1 and 2 of this Article shall apply mutatis mutandis to all proceedings requiring the production of evidence.

4 Subject to the provisions of the present Convention or any other applicable agreement, the privileges and immunities of witnesses and experts before German courts or authorities, and service tribunals or authorities of the Forces, shall be those accorded by the law of the court, tribunal or authority concerned. Appropriate consideration shall also be given to the privileges and immunities which the witness or expert would have before a German court if he is not a member of the Forces, or, if he is a member of the Forces, before a service tribunal of the Power concerned.

5 The authorities of the Forces shall permit, or themselves effect, the service of process upon any person inside an installation, and upon members of the Forces. In all other cases services shall be made or permitted by the appropriate German courts or authorities.

6 Service by German courts and authorities on members of the Forces shall not be effected by publication or advertisement.

Article 12. Obstruction of Justice

Perjury, attempts to obstruct justice, any other criminal offences and contempts committed before or against a German court or authority or a service tribunal or authority of the Forces, and failure to comply with process duly served in accordance with Article 11 of the present Convention shall be dealt with by the court or authority having criminal jurisdiction or disciplinary authority over the person concerned, according to its own law, as if the act had been committed before or against its own courts or authorities.

Article 13. Attorneys

1 Nationals of any Power concerned and German attorneys shall not be hindered from acting as defence counsel before service tribunals in accordance with the rules and regulations prescribed for such service tribunals.

2 A person admitted to practice as an attorney in the country of one of the powers concerned may, in proceedings in which a member of the Forces is involved, in association with a German attorney who is authorised to represent the member of the Forces in such proceedings, appear before German courts to make statements (Ausführungen).

3 Except as provided in paragraphs 1 and 2 of this Article, foreign nationals may act as legal consultants, and appear before German courts, in the Federal territory only in accordance with the provisions of German law.

Article 14. Exclusion of Public. Transfer of Proceedings

The provisions of Section 172 of the German Judicature Act on the exclusion of the public from hearings of criminal and non-criminal proceedings, and of Section 15 of the German Code of Criminal Procedure on the transfer of criminal proceedings to a court of a different district, shall be applied mutatis mutandis in cases before German courts or authorities where there is a threat to the security of the Forces or their members.

Article 15. Disclosure of Information

(a) no German court or authority shall, in any proceeding before it, require or allow any person to disclose information which would or might prejudice the security of the Forces or the Power concerned, except with the consent of the appropriate authority of the Forces or the Power concerned;

(b) no court or authority of the Forces shall, in any proceeding before it, require or allow any person to disclose any German state or official secret, except with the consent of the appropriate German authority.

2 If during proceedings it appears that the disclosure of such information or secret might result, the court or the authority, unless it is decided to dispense with the disclosure, shall, before hearing or dealing with such information or secret, request a written decision of the appropriate authority as to whether the consent required by paragraph 1 of this Article will be given. The consent will not refused if, under the terms of the present Convention or any other agreement between the parties, the giving of information to the appropriate courts or authorities is required.

3 The provisions of this Article shall not be applied in such a manner as to limit the constitutional rights of a party to a proceeding to testify or make a factual or legal statement on his own behalf.

Article 16. Official Acts

1 Whenever, in a criminal or non-criminal proceeding before a German court or authority, it becomes necessary to determine whether the act or omission which is the subject of the proceeding occurred in the performance by the person concerned of official duty for the Forces, the German court or authority shall suspend the proceeding and shall promptly notify the authorities of the Forces, stating the facts of the case. The appropriate authority of the Forces shall investigate the case and within twenty-one days after receipt of the notification transmit to the German court or authority a certificate describing the scope of the official duties of the person concerned at the relevant time and place. The certificate shall be signed by the highest ranking representative of the Forces having personal knowledge of the matter. The authorities of the Forces shall take appropriate measures to ensure that the certificate is compiled conscientiously as to form and content. After receipt of the certificate, but not later than twenty-one days after receipt by the authorities of the Forces of the notification, the proceeding shall be continued.

2 The authorities of the Forces may also submit such certificate to a German court or authority without having received a notification from such court or authority.

3 Such certificate shall be evidence only on the scope of official duties of the person concerned and shall be conclusive to this extent. The person who issued such certificate may, however, be called as a witness to explain or amplify its contents; and further, the provisions of this paragraph shall not be applied in such manner as to limit constitutional rights of a party to a proceeding to testify or make a factual or legal statement on his own behalf. The German court or authority shall give to the fact that the act or omission constituted the performance of official duty such legal weight and effect as it is entitled to under German law.

4 The provisions of this Article shall not apply to cases under Article 8 of the Finance Convention.

PART THREE. — ADMINISTRATION AND SUPPORT

SECTION I. — Rights and Obligations

Article 17. Movement

1 The forces and their members shall be entitled to enter, move within and over and depart from the Federal territory with vehicles, vessels and aircraft owned or operated by them or on their behalf without restriction except as contained in the present Convention. The Federal Republic shall ensure to the Forces and their members the use of all German public highways and waterways, and the right to fly in the air space of the Federal territory and to depart from, land on and use the airfields at the disposal of the Forces. The Forces shall be entitled to such use of the air space and airfields in the Federal territory as may be necessary for the security of the Forces or for their training, provided that the use of civil airfields for training purposes shall be requested from the German authorities, such request having been approved by the highest Air Headquarters of the Forces concerned.

2 The operating rights of the German railways shall remain unaffected. Rolling stock owned, or exclusively used by the Forces may be brougth into, and taken out of, the Federal territory. It shall be accepted for movement by the German railways if it can be operated in general conformity with the traffic operating methods of the latter.

3 Unless otherwise provided in this Convention or in any other applicable agreement, German traffic laws, ordinances and regulations shall apply to the Forces and their members. Deviations from German traffic regulations shall be permissible to the Forces in cases of military exigency, with due regard to public safety and order. For railway traffic such deviations shall be permitted only by agreement between the Forces and the competent railway administration.

4 The vehicles, sea-going vessels and aircraft of the Forces or their members may be licensed or registered, and shall be provided with licence plates or other identification as appropriate, by the authorities of the Forces. Subject to the international regulations applicable in each case, the same provisions shall apply to inland water craft of the Forces or their members, excluding craft owned by members of the Forces of 15 tons carrying capacity or over. In the case of licensing by German authorities, these authorities may collect the normal licence fee, which shall not include any form of taxation. The authorities of the Power concerned shall take adequate safety measures for, and shall ensure the technical supervision of, the vehicles, vessels and aircraft licensed by them and shall, where necessary, and at the request of the German authority, furnish the name and address of the owner of a vehicle, aircraft or vessel licensed by them.

5 The Forces shall with regard to their vehicles be exempt from all German regulations limiting axle loads or the total weights of vehicles. Vehicles owned or operated by the Forces or by their members shall be exempt from German laws, regulations or police measures requiring changes or additions in the construction, design or equipment of vehicles, such as markings, warning signals, brakes, lighting and direction indicators.

6 Documents issued by the appropriate authorities of the Power concerned to a member of the Forces which authorise him to operate vehicles, sea-going vessels or aircraft shall be valid in the Federal territory. Authorisation to operate inland water vessels licensed by the Forces shall be governed by regulations of the Forces, which shall take due account of German and, where applicable, international waterway regulations.

7 Members of the Forces shall use or permit to be used in the Federal territory private vehicles and aircraft belonging to them only if such vehicles or aircraft are insured against liability arising out of such use. The required insurance coverage, both in type and amount, shall be determined in accordance with German law. This insurance may, however, be effected with any insurance enterprise entitled to carry on such activity in the territory of the Power concerned and able under the exchange control regulations, according to a declaration of the Power concerned, to pay claims in the Federal territory and in the currency of the Federal Republic.

8 A Standing Commission shall be established, to be composed of representatives of the appropriate authorities of the Three Powers and of representatives of the authorities of the Federal Republic. The duty of this Commission shall be to guarantee effective co-ordination between civil and military air activities.

9 All air traffic control and related communications systems developed and carried on by the Federal authorities and by the Forces shall be technically and administratively co-ordinated to the extent necessary to ensure air traffic safety and the common defence.

10 Permission for aerial photography by private individuals or civilian agencies and the production and distribution of prints and negatives therefrom, shall be given by the German authorities, subject to security clearance by the authorities of the Forces. The methods of security clearance shall be determined by the Standing Commission.

Article 18. Communications

1 The Forces shall have the right to establish and operate military post offices for the purpose of handling postal and telegraphic matter of the Forces and their members between themselves, with military post offices in other countries and with their home countries. Exchange offices between the military post offices and the Federal Post offices may be established. The location of these offices will be fixed in agreement between the competent authorities of the Federal Republic and of the Forces.

2 Furthermore, the Forces shall have the right to establish, operate and maintain their own communications (which include telecommunications and radio facilities), and broadcasting for the members of the Forces, within their installations and in their military vehicles, vessels and aircraft, insofar as they are required for military purposes.

3 Outside their installations the Forces shall normally use the German public telecommunications facilities. The Forces may, however, erect, operate and maintain communications facilities of their own outside their installations

(a) so far as compellingly necessary on the basis of military security;

(b) so far and so long as the German authorities are not in a position to erect, or in understanding with the Forces forego the erection of, the necessary facilities;

(c) temporarily for military exercises.

The authorities of the Forces shall make use of the rights given them under the second sentence of this paragraph, in cases under sub-paragraph (a) only after appropriate consultation, and in cases under sub-paragraph (b) only in agreement, with the German authorities.

4 The facilities erected and operated by the Forces themselves may be interconnected with the public network of the Federal Republic if they are technically and operationally compatible with it. The places of interconnection shall be as mutually agreed.

5 The provisions contained in Annex B to the present Convention shall apply with respect to radio frequencies used by radio stations which are operated or used by the Forces. These provisions shall enter into force at the same time as the present Convention.

6 The members of the Forces may, without payment of a fee and without individual authorisation, erect and use wireless receiving apparatus.

7 Complete control of the cables identified as FK-12 and FK-41 lying within the Federal territory, including the associated equipment, shall be exercised by the authorities of the Power concerned.

Article 19. Manoeuvres and Training Exercises

1 The Forces shall have the right to conduct manoeuvres and other training exercises throughout the Federal territory. When such manoeuvres or other exercises are carried out outside their installations, the Forces shall inform the competent German authorities in good time before the commencement of such manoeuvres and exercises. Any administrative measures required for the satisfactory execution of such manoeuvres or exercises shall, upon request of the Forces, be taken by the German authorities after reasonable previous consultation; provided that the Forces may co-operate in the carrying out of such measures.

2 The administrative measures taken by the German authorities shall be sufficiently broad to permit the Forces themselves to take such particular measures as may be necessary to the achievement of the military aim of the manoeuvres or exercises.

Article 20. Defensive Works and Measures

1 Installations and works directly serving the purpose of defence, as well as safety installations, shall be erected or adapted by the Federal Republic in such amounts, areas and types as are needed for the common defence. Where there is a special need for secrecy or security, the Forces themselves may erect or adapt such installations or works, provided that there is prior consultation with the Federal Government.

2 The Federal Government shall co-operate with the Forces in order to ensure that military and civil measures of protection necessary to meet special security requirements can be implemented by the Forces and the German authorities efficiently and without delay. It shall provide that the preparations necessary for the implementation of such measures of protection will be done in time and in a sufficient amount.

3 Measures taken under this Article shall be subject to the jurisdiction of the Arbitration Tribunal referred to in Article 9 of the Convention on Relations between the Three Powers and the Federal Republic of Germany, provided that publicly or privately owned property has been or will be seriously damaged thereby. Article 12 of the Charter of the Arbitration Tribunal shall apply to such measures provided that irremediable damage may be caused thereby to substantial values.

Article 21. Rights of the Forces respecting Installations

1 Within and over their installations, the authorities of the Forces may take all the mesures necessary for the accomplishment of their mission, provided that they shall observe German regulations in the fields of public health and safety unless their own regulations in such fields prescribe equal or higher standards. Insofar as their own regulations in the fields of public health and safety do not prescribe such standards, and also in other fields, the authorities of the Forces may, except as otherwise provided in this Convention or in any other applicable agreement, apply their own regulations, provided that in so doing they do not endanger public health, safety and order outside the installations. They shall notify the German authorities in good time of the extent to which they are departing from German regulations in the fields of public health and safety.

2 Where the authorities of the Forces do not themselves intend to implement within their installations applicable German regulations, they shall reach agreements with the competent German authorities which take into account equally military requirements and the requirements of the German administration.

3 Where buildings are partly occupied by (im Besitz) the Forces, the parts so occupied shall not be regarded as installations for the purposes of this Article if they are used as dwellings for members of the Forces.

4 The German authorities shall, upon request of the Forces, supervise or restrict in the vicinity of installations building activities and the movement of persons, animals, all types of vehicles, vessels, aircraft and balloons to the extent necessary, in the interest of common defence, for the effective operation of such installations and their security.

Article 22. Installations, Archives, Documents, Property and Mail

Installations, archives, documents and, subject to the provisions of paragraphs 2 and 3 of Article 7 of the present Convention, property of the Forces and also mail of the Forces recognisable as such, and mail of members of the Forces which is sent through the postal systems of the Forces shall be immune from entry, search, seizure and censorship by the German authorities unless in any case or category of cases such immunity is waived by the authorities of the Forces.

Article 23. Police of the Forces

1 The competent agencies of the Forces shall have the right to patrol on public ways, in places of public resort and on public transport in the Federal territory and to take action with respect to members of the Forces, in order to maintain order and discipline.

2 Their powers with respect to persons subject to German jurisdiction shall be determined in accordance with Article 7 of the present Convention.

Article 24. Identification of Members of the Forces

1 The members of the Forces shall be provided by the appropriate authorities of the Power concerned with identity documents which shall indicate the name, date of birth and rank of the holder and shall bear a serial number and, unless the holder is in uniform, a photograph.

2 Dependants shall be designated as such in their identity documents.

3 Members of the Forces shall give proof of their identity upon the request of the competent German authorities.

4 Subject to the provisions of Article 25 of the present Convention, identity documents furnished in accordance with paragraph 1 of this Article shall constitute conclusive proof of identity.

5 When members of the Forces are travelling in groups under orders and military command, their uniforms shall be conclusive proof of identity.

6 When necessary, certification by the appropriate authorities of the Power concerned that a person is a member of the Forces within the definition of Article 1 of the present Convention shall be conclusive proof thereof.

Article 25. Frontier and Alien Control

1 Members of the Forces, other than dependants, who properly identify themselves in accordance with Article 24 of the present Convention, shall be entitled to unrestricted entry into, and exit from, the Federal territory. Dependants shall be entitled to such entry and exit upon producing a valid passport indicating their status as such.

2 The authorities of the Power concerned may, at frontier points specified by them, participate in the control of travel documents of members of the Forces.

3 Members of the Forces shall not be subject to German legislation concerning the registration and control of aliens.

4 Members of the Forces shall not acquide the right to permanent residence or domicile in the Federal territory. If a person ceases to be a member of the Forces but remains in the Federal territory, the appropriate authorities of the Forces shall notify the German authorities as soon as possible. The general police provisions concerning aliens shall apply to such persons.

Article 26. Entry and Exit

The German authorities shall co-operate with the authorities of the Three Powers, within the scope of the Basic Law and international agreements on travel, in preventing the entry into, or the exit from, the Federal territory of persons whose entry or departure is regarded by the authorities of any one or more of the Three Powers as prejudicial to the security of the Forces. For the purposes of German laws and regulations respecting entry into, and exit from, the Federal territory, the security of the Federal Republic shall be deemed to include the security of the Forces.

Article 27. Extradition

1 The Power concerned shall decide on requests for extradition of members of the Forces.

2 The German authorities shall give written notification to the appropriate authorities of the Three Powers when they receive a request for extradition from a Government other than that of one of the Three Powers, unless such extradition is prohibited by German law.

3 Within twenty-one days after receipt of notification under paragraph 2 of this Article, the authorities of any one or more of the Three Powers may notify the German authorities of their objection to such extradition on grounds of security.

4 If the German authorities nevertheless intend to grant such extradition, the matter shall be submitted for decision concerning the justification for the objections made under paragraph 3 of this Article to an arbitrator, who shall not be of the nationality of any of the parties to the disagreement or the extradition request and shall be appointed by the President or a Vice-President of the Arbitration Tribunal referred to in Article 9 of the Convention on Relations between the Three Powers and the Federal Republic of Germany. His decision shall be binding on all parties and shall not be subject to review.

5 Until the period of twenty-one days under paragraph 3 of this Article has expired and until the disagreement has been decided by the arbitrator, the German authorities shall not carry out the extradition without the consent of the authorities of the objecting Power or Powers.

Article 28. Right of Presence in the Federal Territory

1 The Power concerned shall have the exclusive right to remove members of the Forces from the Federal territory.

2 If the authorities of the Three Powers are of the opinion that the presence of a person in the Federal territory endangers their security, they may recommend that the German authorities take in respect of his presence such measures as are permitted by the Basic Law.

Article 29. Bearing of Arms

1 The authorities of the Forces shall have the right to prescribe the conditions under which persons employed in the service of the Forces may bear and use arms within an installation or so far as their duties necessitate the bearing of arms. The regulations about the use of arms shall conform to the German law on “self-defence” (Notwehr).

2 The persons referred to in paragraph 1 of this Article must be in possession of a firearms certificate issued by the authorities of the Forces. Firearms certificates may be issued only to persons against whose reliability there are no valid objections. A suitably endorsed identity card shall also be considered a firearms certificate.

Article 30. Health and Sanitation

1 The authorities of the Forces and the German authorities shall extend to each other the fullest co-operation in matters concerning health and sanitation, particularly with respect to the control of communicable diseases; such co-operation shall extend to the exchange of information and statistics.

2 In the vicinity of installations of the Forces the German authorities shall, at the request of the authorities of the Forces, take such health and sanitation measures as are necessary to protect the health of the Forces. When the German authorities are not in a position to take action adequate to meet military requirements with respect to the disposal of waste, insect and rodent control, or water purification in areas outside cities, the Forces may themselves take such measures. Standards for the purification of water in cities where Forces are stationed will be agreed upon by the authorities of the Forces and the municipal authorities to guarantee a water supply free from contamination to the Forces.

Article 31. Deaths and Burials

1 Subject to the provisions of any special agreement, the authorities of the Forces shall have the right to establish and maintain cemeteries and to arrange for burial, disinterment and movement of the bodies of membres of the Forces in compliance with adequate hygienic regulations to be determined by themselves.

2 The authorities of the Power concerned may take charge and dispose of the body of a member of the Forces who dies in the Federal territory, and may dispose of his personal property after the debts of the deceased person incurred in the Federal territory and owing to persons not members of the Forces have been settled. This provision shall not apply if the deceased person was ordinarily resident in the Federal territory.

Article 32. Foreign Currency

1 The authorities of the Power concerned shall have the right to import, export, possess and, subject to the provisions of paragraph 2 of this Article, distribute to the members of the Forces any non-German currency or instruments or scrip expressed in the currency of the Power concerned.

2 The authorities of the Power concerned may pay their members in instruments or scrip expressed in the currencies of the Power concerned, or in German currency, or in their own national currency; provided that they shall introduce a system of payment in their own national currency only after consultation with the Federal Government.

3 In order to avoid endangering German foreign exchange interests, the authorities of the Power concerned, in co-operation with the Federal Government, shall take appropriate measures against any abuse of the provisions of paragraphs 1 and 2 of this Article.

4 The members of the Forces shall not be subject to German foreign exchange legislation, provided that the authorities of the Forces in co-operation with the German authorities take appropriate measures, on the basis of the German foreign exchange legislation currently in force, to safeguard German foreign exchange interests.

Article 33. Taxation

(a) Goods which are subject to excise tax shall be exempt from the tax if they are procured by the Forces directly from a German manufacturer. This shall not apply to the excise taxes on tobacco, coffee, tea, sugar, alcohol, sparkling wines and gasoline, nor to the levy imposed on coal to subsidize coal miners' housing. The exemption shall apply only if the goods are procured by the official procurement agencies of the Forces for the use of, or consumption by, the Forces or their members.

(b) When procuring excisable goods on which exemption is claimed in accordance with sub-paragraph (a) of this paragraph, the Forces shall certify that the goods, which shall be described exactly as to type and quantity, are intended for the exclusive use of, or consumption by, the Forces or their members.

(c) Deleted.

2

(a) Goods delivered to, and services for, the Forces which are procured by official procurement agencies of the Forces shall be exempt from the turnover tax, provided that such goods or services are for the use of, or consumption by, the Forces or their members. Suppliers shall exclude the turnover tax in the calculation of the price of such goods or services.

(b) Where, in the case of goods and services referred to in subparagraph (a) of this paragraph, payment is made in the currency of the Power concerned, the supplier shall, on application, be entitled to a refund of the turnover tax already paid on the goods to the extent of the export refund under paragraph 16 (2) of the Turnover Tax Law, in the version of 1 September 1951, as well as to the exemption accorded in sub-paragraph (a). Such refund shall be deducted from the price of the goods or services.

(c) Where the exemption from, or refund of, the turnover tax is claimed under sub-paragraph (a) or (b) of this paragraph, the official procurement agency of the Forces shall certify to the seller that the goods or the service is for the exclusive use of, or consumption by, the Forces or their members.

(d) Deliveries to the Forces shall be deemed to be wholesale deliveries.

3

(a) The tax treatment of the Forces and their members shall be governed, to the extent that provision is not made in the present Convention, by the Agreement on the Tax Treatment of the Forces and their Members signed at Bonn on 26 May 1952, as amended by the Protocol signed at Bonn on 26 July 1952.

(b) Deleted.

Article 34. Customs Treatment of the Forces

1 Subject to the provisions of the present Convention and of any other agreement between the Federal Republic and the Three Powers or any one of them, the Forces shall in principle be exempt from German customs legislation and control and German regulations governing the movement of property into or out of the Federal territory.

2 The Forces may bring into, and take out of, the Federal territory their property and property intended for their use or that of their members, without payment of any duties or other Federal taxes, and without restrictions or prohibitions. Goods purchased in the Federal territory by the Forces against payment in the currency of their country shall, for the purposes of this Article, be treated as exported from the Federal territory and imported by the Forces. The Forces shall observe German regulations designed to preserve the health of humans, animals and plants.

3 The Forces shall issue official certificates of authorisation in respect of their imports and exports. The form of these certificates shall be established in consultation with the Federal Government.

4 Consignments of the Forces carried in their official transport shall be subject to customs control by the authorities of the Forces. The latter shall ensure the enforcement and adequacy of such control and the safe arrival of these consignments at destination. The authorities of the Forces shall inform the German customs authorities of the measures taken to implement the provisions of this paragraph.

5 Consignments of the Forces carried in transport other than their official transport shall be subject to normal German customs control but shall not be delayed thereby. However, consignments sealed by the authorities of the Forces or a customs administration shall be exempt from internal examination; this provision shall not be deemed to prevent German customs officials from examining the seals and, if necessary, adding German seals. Discrepancies discovered as a result of these controls shall be notified to the authorities of the Forces.

6 Additionally to the exemptions contained in Article 35 official couriers of the Forces shall be exempt from control by German customs authorities with regard to their courier luggage. They shall be accorded preferential treatment to ensure that they are not delayed.

7 Military units moving operationally under orders across the frontiers of the Federal territory shall be exempt from control by German customs authorities; provided that the officer in charge declares in writing that all practicable measures have been taken to ensure that neither the unit nor the members thereof carry goods in contravention of the provisions of this Article or of Article 35 of the present Convention. If practicable, prior notification of troop movements shall be given to the appropriate German customs authorities by the authorities of the Forces. These provisions shall not apply to frontier crossings made during military exercises or manoeuvres.

8 Imports and exports of goods in aircraft owned or operated by the Forces or on their behalf which land at, or take off from, a military airfield shall be subject to customs control by the authorities of the Forces. If such aircraft land at a civil airfield, they shall be subject to customs control by the authorities of the Forces; the German customs authorities shall notify the authorities of the Forces without delay. If commercial aircraft land at a military airfield, the German customs administration shall be notified by the authorities of the Forces, which shall take all necessary measures to ensure that any goods carried shall not enter the German economy before the German customs authorities have had the opportunity to clear them.

9 With the exception of the property referred to in paragraph 11 of Article 39 of the present Convention, the authorities of the Forces may dispose of movable property of the Forces in the Federal territory. Property disposed of for export to a purchaser not resident in the Federal territory shall not be subject to German export restrictions or export duties. The conditions under which the property referred to in this paragraph is disposed of shall be the subject of mutual agreement between the appropriate authorities of the Forces and the appropriate German authorities.

Article 35. Customs Treatment of Members of the Forces

1 Subject to the provisions of the present Convention and of any other applicable agreement between the Federal Republic and the Three Powers or any one of them, members of the Forces shall in principle be subject to German customs legislation.

2 The prosecution of customs violations including the right of confiscation of goods, shall be solely within the criminal jurisdiction of the authorities of the Forces. The German procedure for administrative fines in respect of customs violations shall not apply to members of the Forces. German customs authorities shall have a right to goods confiscated by the Forces, as a result of customs violations by their members, to the extent necessary to recover tax debts on such goods due as the result of a civil action.

3 Members of the Forces shall be exempt from the provisions of German legislation covering the use of firearms by German customs officials.

4 Subject to the following provisions, members of the Forces shall be exempt from German import and export restrictions or prohibitions on imports and exports and from the payment of customs duties and other Federal taxes on goods moved by them for their personal or domestic use or consumption into, or out of, the Federal territory:

(a) the right of unaccompanied import by members of the Forces shall not apply to those rationed goods which the Forces sell or distribute to their members;

(b) the authorities of the Forces shall quantitatively restrict the import by their members in accompanied baggage of those rationed goods which they sell or distribute to their members;

(c) accompanied and unaccompanied import of non-rationed goods shall be quantitatively restricted by the authorities of the Forces when they find, after considering the recommendations of the German authorities, that such goods are peculiarly the subject of customs violations;

(d) in order to certify to German customs authorities that non-rationed goods imported by members of the Forces through commercial channels, the German postal system, or in their accompanied baggage are for their personal or domestic use or consumption, the members of the Forces may obtain certificates from the authorities of the Forces, which shall be accepted as authorisation to import in accordance with the terms of this Article;

(e) members of the Forces shall observe German regulations designed to preserve the health of humans, animals and plants.

5 For the purpose of customs control of members of the Forces, the authorities of the Forces may provide officials at frontier crossing points at which substantial numbers of members of the Forces cross. The authorities of the Forces shall establish these points in consultation with the Federal Government. At these points, the officials of the Forces, in co-operation with German customs authorities, shall carry out customs control of members of the Forces and their property. At all other crossing points members of the Forces shall be subject to normal customs control by the German authorities. The provisions of this paragraph shall also apply to the movement of members of the Forces between the Federal territory and Berlin.

6 Customs control of goods consigned to and by members of the Forces through postal or freight systems of the Forces shall be exercised by the authorities of the Forces at points established by themselves. German customs officials may be present during these controls.

7 Goods imported duty-free under the provisions of the present Convention may be disposed of in the Federal territory by members of the Forces to a person other than a member of the Forces only on prior notification to, and with the approval of, the appropriate German authorities; this provision shall, however, not apply to customary gifts of a personal or domestic nature in non-commercial quantities.

8 The authorities of the Forces shall take, within the framework of the present Convention, appropriate measures to restrain their members from committing offences against the fiscal, customs and import and export regulations of the Federal Republic. They shall consider these factors - the recommendations of the Federal Government being taken into account - in the rationing of goods peculiarly subject to such violations. The rations established by the authorities of the Forces shall not exceed the quantity reasonably required for personal consumption. The authorities of the Forces shall co-operate closely with German customs officials and law-enforcing agencies in combatting customs violations.

9 The authorities of the Forces shall notify German customs authorities of any violations to enable, if necessary, civil action to be taken against the violators. Similarly, the German customs authorities shall notify the authorities of the Forces of any customs violations involving their members. The German customs authorities shall notify the authorities of the Forces of property or currency seized from their members, and such property or currency shall be surrendered to the authorities of the Forces. Receipts shall be given by the German customs authorities to the members of the Forces for any property or currency detained.

10 Motor vehicles of members of the Forces which are intended for their personal use may enter and leave the Federal territory without payment of customs duties and without restrictions, on presentation of the registration certificate or other certificate issued by the authorities of the Forces certifying that the motor vehicle is owned by a member of the Forces and intended for his personal use. The authorities of the Forces shall upon request by the German customs authorities, give information about such vehicles. Vehicles for commercial purposes shall be excluded from this preferential treatment.

11 The import of goods by members of the Forces for charitable disposal in the Federal territory shall be the subject of mutual agreement between the authorities of the Forces and the appropriate German authorities.

Article 36. Organisations and Enterprises Serving the Forces

(a) non-German organisations of a non-commercial character organised by the Forces or the Power concerned for the benefit of the members of the Forces, or which serve the welfare of the Forces may be assimilated in whole or in part to the Forces, after notification to the German authorities, which notification shall state that such organisations are in the service of the Forces;

(b) if such organisation is a club, it may be assimilated only to the extent that it is part of the catering or sports arrangements of the Forces.

2 The Forces may make use of non-German commercial enterprises provided that their military needs cannot be satisfied by German enterprises. Such enterprises may be assimilated to the Forces,

(a) after notification to the German authorities, if they provide technical services under contract for the Forces, and

(b) in all other cases after consultation with the German authorities.

3 Employees of the organisations mentioned in paragraph 1 of this Article and of the enterprises mentioned in sub-paragraph (a) of paragraph 2 of this Article (other than Germans, and persons who are nationals neither of one of the Three Powers nor of another Sending State and have been engaged in the Federal territory) may similarly be assimilated to members of the Forces.

4 Assimilation to the Forces and their members shall be permitted only so far as the organisations, enterprises or employees are exclusively serving the Forces and to the extent that such assimilation is necessary for their contribution to the accomplishment of the defence mission of the Forces. The extent of such assimilation shall be stated in the notification or during the consultation. It may be restricted through further understandings to the necessary measure. The organisations, enterprises and employees may not engage in private commercial activities. The authorities of the Forces shall co-operate with the Federal Government in taking appropriate measures against misuse of these rights.

5 The assimilation of commercial enterprises referred to in subparagraph (b) of paragraph 2 of this Article shall be limited to the following:

(a) licensing and registering of motor vehicles in accordance with Article 17 of the present Convention;

(b) accommodation in accordance with Article 38;

(c) the right, under Article 34, to bring into the Federal territory, free from customs duties and other Federal taxes, goods to be sold to the Forces or to be placed at the disposal of the Forces;

(d) exemption from taxation under paragraphs 1 and 2 of Article 33 of the present Convention insofar as deliveries and other services by such undertakings to the Forces are concerned; in all other respects taxation shall be governed by the Agreement referred to in Article 33;

(e) use of transportation and communication facilities of the Forces in accordance with Articles 17 and 18;

(f) exemption, in respect of their services to the Forces, from German legislation on trade licensing and foreign companies;

(g) issuance of the necessary foreign exchange permits to enable them to carry out their functions, and the right to possess and use military scrip.

6 If employees of the organisations and enterprises under paragraphs 1 and 2 of this Article are also members of the Forces as defined in sub-paragraph (b) of paragraph 7 of Article 1 of the present Convention, the Forces may limit the extent to which the provisions of the present Convention apply to such employees. In this connection they shall take into consideration the recommendations of the German authorities.

7 The number of employees of the organisations and enterprises serving the Forces may not be increased by more than 100 per cent, of the number present at the entry into force of the present Convention, except in agreement with the German authorities.

SECTION II. — Support

Article 37. Scope of Obligations

1 So far as is necessary to fulfil the defence purposes of the Forces, the Federal Republic undertakes to ensure that the requirements of the Forces and their members within the Federal territory are satisfied, subject to the provisions of the present Convention, or any other related Convention, in the following fields:

(a) accommodation (Article 38);

(b) goods, materials and services, including public utilities (Articles 39 and 40);

(c) transport services (Article 41);

(d) communication services (Article 42);

(e) other public services (Article 43).

2 The Federal Republic shall ensure that such suitable civilian personnel as is necessary to meet the requirements of the Forces consistently with military needs will be made available to the Forces by the competent German agencies (Article 44).

3 In order to fulfil the obligations undertaken by the Federal Republic in paragraph 1 of this Article, the Federal Republic shall enact legislation adequate to assure the procurement of goods, materials and services, the provision of accommodation and the establishment of restricted areas.

4 Until the Federal legislation referred to in paragraph 3 of this Article enters into force, such obligations shall be fulfilled by the appropriate application, within the framework of the Basic Law, of the provisions of the following Laws so far as they deal with the power to requisition goods, materials and services, to acquire accommodation and to establish restricted areas: the Law concerning Goods and Services for Reich Projects (Reichsleistungsgesetz) of 1 September, 1939; the Law concerning the Provision of Land for the Purposes of the Wehrmacht of 29 March, 1935; and the Law concerning the Restriction of Real Property for Reasons of Reich Defence (Schutzbereichgesetz) of 24 January, 1935. The application of the Reich Laws referred to in the first sentence of this paragraph shall not extend to the computation of claims for remuneration and compensation, which shall be made pursuant to paragraph 3 of Article 12 of the Finance Convention.

Article 38. Accommodation

1 The authorities of the Forces shall each present to the appropriate Federal authority their needs for accommodation in the form of periodical programmes and where necessary supplementary programmes. When the Forces of two or more Powers stationed or to be stationed in the same locality have competing requirements for accommodation, joint discussions will be held between them with the object of reaching agreed accommodation programmes. Individual requests outside the programmes shall be kept to a minimum.

2 Programmes and individual requests agreed by the authorities of the Forces and the Federal authority shall be carried out by the appropriate German authorities after consultation with the authorities of the Forces and with particular regard to sites, standards and dates of availability. In such programmes, specific provision shall be made to meet any difficulties which may arise for the Forces from the operation of the provisions contained in the second sentence of paragraph 5 of this Article. Requirements of minor importance may be arranged directly between the authorities of the Forces and the appropriate German regional authorities.

3 In case of disagreement between subordinate authorities of the Forces and the German regional authorities, the matter shall be referred to the Federal authority for further joint consultation with the authorities of the Forces.

4 The Forces shall continually review their accommodation requirements in order to ensure that these requirements remain within the minimum consistent with the size and duties of the Forces. Accommodation which is no longer required, or for which alternative accommodation satisfactory to the Forces is made available, shall be released by the Forces.

5 Special attention shall be paid to the release of accommodation to private individuals. Privately owned dwellings shall be released if they are not used by the Forces for any period of six consecutive months. The German authorities shall be entitled to make a request to the Forces that the release of specific accommodation be discussed with them.

6 At the time of the release of a requisitioned dwelling or hotel, all requisitioned movable property therein for which rental or hire is being paid shall also be released. When other requisitioned accommodation is released, the Forces will at the same time release requisitioned movable property therein for which rental or hire is being paid, except in cases in which the continued use of such property is requisite to the accomplishment of the continued use of such property is requisite to the accomplishment of the Forces' defence mission. In such cases, the authorities of the Forces shall consult the German authorities. Such movable property shall also be released prior to the release of accommodation provided that it is no longer required for use by the Forces or alternative property satisfactory to the Forces is made available by the German authorities. Objects of art and antiques shall be released by the Forces according to procedures to be agreed.

7 In implementing the first accommodation programme, if no comparable alternative accommodation is available in the same area, the Forces shall, for six months after the entry into force of the present Convention, be entitled to the first option on such publicly owned accommodation included in the property referred to in Article 13 of Chapter One of the Convention on the Settlement of Matters Arising out of the War and the Occupation as becomes available. This shall not apply to accommodation in the Bonn Enclave.

8 If accommodation occupied by the Forces, such as target ranges, training areas and airfields, is temporarily not being used by the Forces, it may be made temporarily available to the Federal Republic at its request, on condition that its renewed use by the Forces is not impaired thereby.

Article 39. Goods, Materials and Services

1 Procurement of goods and materials in the Federal territory for the Forces and their members against Deutsche Mark or other currencies shall be within periodical programmes, except that the quantities so procured may exceed the quantities settled in such programmes by not more than 10 per cent, or by such larger quantity as may be agreed by the German authorities. These periodical programmes shall take into account building materials as required for the implementation of Article 40 of the present Convention. The programmes shall not include minor procurements made in accordance with the appropriate regulations of the Forces.

2 A Joint Supply Board shall be established, to be composed of representatives of the appropriate authorities of the Three Powers and of representatives of the Federal Republic. The Board shall be responsible for establishing by agreement periodical programmes for the procurement of the requirements of the Forces, and for resolving any difficulties which may arise in the course of the implementation of these programmes.

3 The requirements of the Forces for inclusion in the periodical programmes shall be presented to the Joint Supply Board as early as possible and at least two months before the commencement of the period concerned. The authorities of the Forces shall notify the German authorities, as early as possible, in advance of any major changes in requirements for public utilities (gas, water, electricity, sewage).

4 In arriving at a programme, the Joint Supply Board shall take into account essential defence, export and civilian requirements. The Board shall determine and list goods, materials and services which are in short supply. The Board may require detailed classification of items which require significant quantities of goods, materials or services so listed.

5 The procurement of goods, materials and services, including building services, within the scope of paragraph 1 of this Article, shall be undertaken either directly by the authorities of the Power concerned in accordance with their normal contract procedure or, at their request, by the German authorities. The Federal Republic agrees to take appropriate measures to ensure that these requirements are accorded such priority over domestic and export non-defence requirements as is necessary and appropriate to ensure their timely supply to the Forces.

6 When the authorities of the Power concerned intend to place orders, within the agreed programmes, by direct procurement for goods, materials or services listed as being in short supply, they shall inform the German authorities. If the German authorities should find that, for reasons of supply or capacity, certain firms should be invited to bid, they shall nominate such firms within two weeks at the latest. The authorities of the Power concerned shall take these recommendations into due account in arriving at a final choice of contractors.

7 Information copies of all orders placed directly by the authorities of the Power concerned within the agreed programmes shall be forwarded to the German authorities.

8 When the requirements of the Forces for goods, materials and services are satisfied through procurement by the German authorities, the authorities of the Power concerned shall be entitled to specify their requirements in all respects, including specifications, delivery periods and any other essential conditions. The German authorities, in co-operation with the authorities of the Power concerned, shall ensure that these conditions are met to the satisfaction of the Forces. The authorities of the Power concerned may reject any tender for good and cogent reasons, of which the German authorities shall be informed. Control of manufacturing shall be carried out by the German authorities; representatives of the Power concerned are entitled to participate in inspection. The acceptance of the fulfilment of a contract shall be given to the contractor by the German authorities only with the written consent of the authorities of the Power concerned.

9 The Forces, subject to the provisions of paragraph 1 of this Article, and also members of the Forces, may purchase goods and services locally for their own use under conditions not less favourable than those obtaining generally for residents of the Federal Republic.

10 All periodical requirement programmes for goods, materials and services for the support of the Forces, which have been initiated by the authorities of the Power concerned before the date of entry into force of the present Convention and in respect of which requirements are still outstanding at that date, shall remain valid and shall have effect as programmes established by the Joint Supply Board.

11 Goods procured from Reichsmark or Deutsche Mark occupation cost or mandatory expenditures funds, or from that part of the defence contribution of the Federal Republic which serves to support the Forces, shall not be removed from the Federal territory except such as are required for military purposes for the support of the Forces, or unless it is such military equipment as is customary for military units to take with them on moving. Where the authorities of the Forces decide that they no longer require such goods, they shall be transferred to the German authorities, unless a different arrangement for the disposal of such goods is agreed between them.

Article 40. Building Services

1 When it has been agreed that a portion of the accommodation programmes submitted under Article 38 of the present Convention shall be met by new construction, the authorities of the Forces shall inform the appropriate German authorities, at intervals related to the programmes under Article 39, of their building programmes, furnishing if possible details of the character, extent, location and required completion date of construction for each project and, as far as becomes necessary, supplementary details and alterations. The German authorities shall, without delay, communicate their comments to the authorities of the Forces. If necessary, joint consultation shall thereupon take place for the purpose of achieving an agreement which will enable the Forces to meet their defence mission.

2 The implementation of the building projects to be paid for from the German defence contribution shall be carried out by the German building authorities according to German legal provisions and established building regulations. The authorities of the Forces shall establish and notify to the German authorities their requirements as to specifications, shall participate in the planning, the invitation and opening of tenders and the letting of contracts and may reject any tender for good and cogent reasons, of which the German authorities shall be informed. The authorities of the Forces may inform themselves of the progress of the building operations at any time, inspect building records and demand information. The authorities of the Forces may at any time inspect the building operations but shall exercise supervision of the project through the German building authorities. Where the authorities of the Forces require subsequent deviation from contracts, their requirements shall be communicated to the German authorities in writing. The acceptance of the fulfilment of a contract shall be given to the contractor by the German authorities only with the written consent of the authorities of the Forces.

3 Repairs and maintenance shall be carried out by German authorities if requested by the authorities of the Forces in accordance with mutual agreements. The provisions of paragraph 2 of this Article shall apply mutatis mutandis.

4 This Article shall not apply to minor building projects, to building orders which have been placed before the entry into force of the present Convention or to building orders as to which special understandings have been reached. The definition of minor building projects shall be fixed by bilateral agreement.

Article 41. Transport Services

1 The Forces shall be entitled to use the German road, rail, water and air transport facilities for the transportation of persons, animals and materials into, throughout and from the Federal territory. In this respect the Forces shall enjoy such preferential treatment as is necessary for the satisfactory fulfilment of their defence mission and as is consistent with the reasonable reconciliation of the requirements resulting therefrom and the essential civilian and defence requirements of the Federal Republic. They shall be entitled to make contracts for transport services with transport undertakings.

2 Where the services required from public transport undertakings are in excess of those freely obtainable under generally applicable transport regulations, they shall be requested from the German authorities by the authorities of the Forces competent for transport matters for a major area. The same shall apply to transport services required from non-public transport undertakings, if these services are either in excess of routine services, or are required during periods of known short supply of transport as evidenced by restrictions placed on the furnishing of such transport services to the civilian economy. Details and procedure shall be regulated by special agreements.

3 The provisions of the following technical agreements and working arrangements, including documentation, between the Forces and the German transport authorities, as amended by mutual agreement, shall remain applicable until their dates of expiration:

(a) the three Tariff and Working Arrangements between the German Federal Railways and the United States, British and French Forces of 31 March 1950, 1 April 1950 and 1 September respectively;

(b) the two agreements between the United States and British Armies and the Deutsche Schlafwagen- und Speisewagen-Gesellschaft of 30 April 1950 and 19 December 1950 respectively;

(c) the agreements between the Allied Forces and the Vereinigte Tanklager und Transportmittel G.m.b.H. and the Federal Ministries for Transport and Finance of 13 September 1951, 17 December 1951 and 27 February 1952.

The provisions of these agreements shall be subject to review and modification at the request of either the Federal Republic or the Three Powers prior to their termination dates where they are inconsistent with the present Convention. If any of these agreements is not renewed by mutual consent beyond its present period of validity, timely agreement shall be reached upon the respective conditions of service to be effective after its termination, which conditions shall be consistent with the needs of the Forces and the conditions of service of their members in the performance of the defence mission of the Forces.

4 The Forces shall give the German transport authorities as much advance notice of their military movements' requirements as practicable.

5 The Forces shall, upon the entry into force of the present Convention, have the right to retain any transport facilities and equipment hitherto reserved for their use, subject to joint reexamination of such use under the principles of the present Convention.

6 Members of the Forces shall be entitled to use German transport facilities within the scope of the generally valid traffic regulations.

7 Where the existing transport facilities and equipment available are not sufficient to meet the requirements of the Forces, the German authorities shall, on request approved by the highest Headquarters of the Forces concerned, extend or modify existing facilities or equipment already available or construct new facilities or equipment to the extent required. Paragraph 4 of this Article shall apply mutatis mutandis.

8 The Forces shall be entitled to undertake the construction of transport facilities within their installations insofar as public safety and order outside such installations are not thereby prejudiced. Prior to the execution of such work appropriate consultations shall take place with the German authorities.

9 The Forces may conclude agreements with the highest appropriate Federal authority for the official use, by the authorities of the Forces responsible for the arrangement of military movements, of German specialised telecommunications systems, provided that such use does not prejudice the operation of those systems.

Article 42. Communications Services

1 The public services of the posts and telecommunications system of the Federal Republic shall be available to the Forces and their members. In this respect the Forces shall enjoy such preferential treatment as is necessary for the satisfactory fulfilment of their defence mission and is consistent with the reasonable reconciliation of the requirements resulting therefrom and the essential civilian and defence requirements of the Federal Republic. The conditions of service effective on the entry into force of the present Convention shall remain in force. These conditions of service shall be subject to review and modification at the request of any one of the Signatory States, where they are inconsistent with the present Convention. In the event of such a review the conditions of service to be determined shall be consistent with the needs of the Forces and the conditions of service of their members in the performance of the defence mission of the Forces.

2 Upon demand, the Forces shall receive for permanent or temporary purposes telecommunications circuits for their exclusive use under the conditions set forth in paragraph 1 of this Article.

3 In case the German public post and telecommunications facilities are not sufficient to meet the requirements of the Forces, the German authorities will, upon request by authorised representatives of the highest commanding officers of the Forces, enlarge the existing facilities or erect new facilities to the extent necessary. The Forces shall give the German authorities as much advance notice of these requirements as practicable. Such facilities shall be operated by the Federal Republic unless otherwise mutually agreed.

4 The provisions of Article 48 of the present Convention shall apply mutatis mutandis to communications facilities and equipment hitherto used by the Forces.

5 Communications facilities within Germany belonging to the Forces may be made available to the Federal Republic when such facilities are available as determined by the Forces. The conditions of service referred to in paragraph 1 of this Article shall apply mutatis mutandis to such facilities.

Article 43. Other Public Services

1 The Forces and their members are entitled to use or receive German public and administrative services not specifically provided for elsewhere in the present Convention, to the extent required by the defence mission of the Forces or normally received by the residents of the Federal Republic.

2 The authorities of the Forces and the German authorities shall co-operate in the meteorological and cartographical fields in order to fulfil the defence requirements of the Forces.

Article 44. Labour

1 The Forces shall notify the competent German authorities as soon as possible of their requirements for civilian personnel and shall normally obtain labour through these authorities. The services of the competent German authorities shall be made available to members of the Forces for obtaining suitable civilian labour.

2 Germans who are working in the service of the Forces shall be subject to all obligations arising from the arrangements for the German Defence Contribution. They shall only be engaged on services of a non-combatant character including civilian guard duties.

3 German labour law, as applicable to the Federal authorities, with the exception of tariff regulations, shall apply to work with the Forces except as otherwise provided in this Article. When necessary, a Mixed Commission, established under paragraph 10 of this Article, shall, at the request of the highest authorities of the Forces, examine whether and to what extent particular provisions of German labour law are inconsistent with the military needs of the Forces. The findings of this Commission shall be duly taken into account by the appropriate German authorities in accordance with Article 3 of the present Convention.

4 Work with the Forces shall not be deemed employment with the German public service.

5 The German authorities, in agreement with the authorities of the Forces, shall

(a) established the terms and conditions of employment, including wages, salaries and job groupings (which shall serve as the basis for individual working agreements), and may conclude tariff agreements);

(b) regulate payment procedures.

6 The authorities of the Forces have, in connection with the labour referred to in this Article, the rights of engagement, placement, training, transfer with the consent of the worker, dismissal and acceptance of resignations.

7 The authorities of the Forces shall determine the number of jobs required and classify such jobs in accordance with the job groupings established under sub-paragraph (a) of paragraph 5 of this Article. The individuals to fill such jobs shall be provisionally classified by the authorities of the Forces into the appropriate wage and salary groups. The latter classification shall be subject to the approval of the competent German authorities. Such approval shall be deemed to have been given, unless the German authorities notify an objection within two weeks of the date of receipt of notification of the provisional classification. In such cases the appropriate classification shall be determined by consultation between the authorities of the Forces and the German authorities. The remuneration for the period covered by the provisional classification shall be paid according to the final classification. The worker shall be so informed at the time of the provisional classification.

8 Claims of individual workers arising out of work with the Forces shall be lodged against the Federal Republic. They shall be subject to German labour jurisdiction. However, in disputes arising out of dismissals on security grounds, a Mixed Commission, estahlished under paragraph 10 of this Article, shall, upon request of the designated authorities of the Forces, determine whether the dismissal with or without notice was justified; the decision shall be binding on German labour courts. Such request shall be made without delay and at the latest within one month after notification to the authorities of the Forces of the filing of the suit. The individual concerned shall be entitled to make a factual or legal statement before the Commission.

9 For the protection of their interests, those engaged on work with the Forces may set up Works Councils, whose task shall be to make suggestions and to present grievances or complaints to the appropriate authorities of the Forces. Such Councils shall be entitled to be heard by the appropriate authorities of the Forces. Grievances or complaints not resolved in this manner may be referred to the competent German authorities for further discussion with the authorities of the Forces.

10 The Mixed Commissions referred to in paragraphs 3 and 8 of this Article shall be composed equally of representatives of the appropriate authorities of the Three Powers and of representatives of the Federal Republic. They shall decide by majority vote; they shall establish their own rules of procedure, which may include provisions for action by sub-committees. If a Commission or sub-committee cannot reach a decision by majority vote, the Power or Powers concerned and the Federal Republic shall appoint an individual who shall participate in the decision.

Article 45. Civilian Service Units

1 The Forces shall have the right to maintain civilian service organisations consisting of non-German nationals.

2 The existing civilian service organisations consisting of Germans

(a) shall be disbanded in co-operation with the competent authorities of the Federal Republic not later than at the end of the two-year period commencing on the entry into force of the present Convention. The Three Powers and the Federal Republic shall enter into discussions before the end of this period with a view to taking measures to ensure that the strength and effectiveness of the Forces shall not be impaired as a result of such disbandment;

(b) shall not be required to serve outside the Federal territory.

3 Article 44 of the present Convention shall apply except as otherwise provided in this Article.

4 Members of the civilian service organisations may receive housing and subsistence as a part of their remuneration. When at work, they may be required to wear uniform working clothing when appropriate.

5 The terms and conditions of employment, within the meaning of sub-paragraph (a) of paragraph 5 of Article 44 of the present Convention, in effect on the entry into force of the present Convention shall as soon as possible be reviewed and made broadly uniform by agreement between the authorities of the Forces and the German authorities.

6 The authorities of the Forces shall carry out the classification of the members of the civilian service organisations; they shall inform the appropriate German authorities of such classification and shall give due consideration to any suggestions for amendment made by the latter.

Article 46. Hunting and Fishing

1 The Federal Republic shall take such steps as lie within its competence in order to grant and have granted to the members of the Forces special hunting and fishing privileges on Federal lands. It shall use its good offices with the Länder and all German authorities and political sub-divisions to do the same in respect of other public lands. In granting such special privileges the following general principles shall be observed.

2 The members of the Forces shall

(a) observe German regulations on hunting and fishing, in particular as regards proper hunting and fishing methods;

(b) comply with German game plans (Abschusspläne);

(c) for cloven-hoofed game (Schalenwild) always be accompanied by a licensed hunter or forester, for whose services reasonable fees shall be paid;

(d) pay a combined annual fee for hunting, the amount of such fee to be determined in agreement with the Federal or Land authorities as appropriate. Such fee shall be in place of all other applicable taxes, fees, charges and expenses. In fixing such fee, due regard shall be paid to the circumstances under which members of the Forces live in the Federal territory;

(e) in like manner pay a reasonable fee for fishing privileges.

3 The Forces shall have the right to issue hunting and fishing licences but only to members of the Forces familiar with German hunting and fishing legislation, and, in the case of hunting, with the use of hunting weapons. The members of the Forces shall respect private property rights.

4 The Federal authorities shall take all measures within their power to stimulate voluntary arrangements with members of the Forces where private property rights are involved, and shall encourage invitations to the members of the Forces on the part of owners or lessees of private preserves or on the part of holders of corresponding rights.

5 Contracts pertaining to hunting and fishing rights in effect at the entry into force of the present Convention shall remain in force if such contracts have been freely made under German law and provide for payment for such rights at the then market price. All other rights relating to hunting and fishing heretofore requisitioned or reserved shall expire not later than one month after the entry into force of the present Convention.

6 The rights and obligations of the Forces in this field may be more closely defined in special agreements between the Forces and the Federal or the Land authorities.

Article 48. Continuation of Existing Support

1 Where goods, materials, services or accommodation have been requisitioned by the authorities of the Power concerned or procured on occupation costs or mandatory expenditures budgets before the date of entry into force of the present Convention and continue thereafter to be required by the Forces, they shall be deemed to be requisitioned with binding legal effect for a period of one year from that date under the provisions of the applicable legislation referred to in paragraphs 3 and 4 of Article 37 of the present Convention.

2 Where the goods, materials, services or accommodation are required for the purposes of the Forces and their members beyond the period fixed in paragraph 1 of this Article, the Federal Republic shall guarantee their continued availability in accordance with the procedure of the applicable Federal legislation.

PART FOUR. — TRANSITIONAL AND FINAL PROVISIONS

Article 49

Article 50

Article 51. Review

Without prejudice to the provisions of Article 10 of the Convention on Relations between the Three Powers and the Federal Republic of Germany the present Convention may be reviewed at the request of one of the Signatory States at any time after two years after its entry into force.

IN FAITH WHEREOF the undersigned representatives duly authorised thereto by their respective Governments have signed the present Convention, being one of the related Conventions listed in Article 8 of the Convention on Relations between the Three Powers and the Federal Republic of Germany.

Done at Bonn this twenty-sixth day of May, 1952, in three texts, in the English, French and German languages, all being equally authentic.

ANNEX A. to the Convention on the Rights and Obligations of Foreign Forces and their Members in the Federal Republic of Germany

Penal Provisions for the Protection of the Three Powers, their Forces and the Members of the Forces

TITLE I. — TREASON IN MILITARY MATTERS

Section 1

1

For the purpose of this Title, the term “military secrets” shall mean facts, objects, conclusions and discoveries, in particular writings, drawings, models or formulas, including codes, or information concerning them, which are kept secret out of consideration for the security of one of the Three Powers or of the Forces, as defined in Article 1 of the Convention on the Rights and Obligations of Foreign Forces and their Members in the Federal Republic of Germany.

2

For the purpose of this Title, treason shall be deemed to be committed by anyone who wilfully lets an unauthorised person have access to a military secret or makes such secret public and thereby endangers the security of one of the Three Powers or of the Forces.

2

3

Whoever, without authority, procures or attemps to procure a military secret or whoever, having otherwise without authority obtained possession of such secret, fails to report it forthwith to the competent authority of the Forces or, in the event that the secret is an object, fails to deliver it on demand shall be punished by imprisonment.

Section 3

1

Whoever, wilfully lets an unauthorised person have access to a military secret or makes it public and thereby, through negligence, endangers the security of one of the Three Powers or of the Forces shall be punished by imprisonment.

2

Whoever, through negligence, lets an unauthorised person have access to a military secret to which the offender had access bij virtue of his office or position in the service, or by virtue of a commission received from an official agency and thereby endangers the security of one of the Three Powers or of the Forces shall be punished by imprisonment not exceeding two years. The offence shall be prosecuted only upon authorisation of that Power concerned or of those Forces whose security has been endangered.

Section 4

1

Whoever, with intent to prejudice the security of one of the Three Powers or of the Forces, procures, collects, publishes or communicates to another person information concerning military affairs of the Forces, or for such purpose operates an information service, or hires others to engage in, or supports, such activities shall be punished by imprisonment. The attempt is punishable.

Section 5

1

Whoever, with intent to procure without authority a military secret, or to collect information on military matters for the purpose of prejudicing the security of one of the Three Powers or of the Forces (paragraphs 2 and 3 of Section 2; Section 4) enters, or loiters in the vicinity of military installations, war vessels or aircraft of the Forces shall be punished with imprisonment.

2

The term “military installations” shall include, but not be limited to, areas restricted for security reasons by official notice and industrial establishments where supplies required for the Forces are produced, repaired or stored.

Section 6

Whoever, without permission of the competent authority, takes photographs within an area restricted for security reasons by official notice, takes photographs of a building in which arms or other supplies required for the Forces are produced or stored, or of any other military installation, makes sketches of such object, or puts such photographs or sketches into circulation shall be punished by imprisonment or a fine or both.

Section 7

1

Whoever establishes or maintains relations the object of which is supplying information within the meaning of Sections 1 and 4 with a government, a party, any other association or an institution outside the Federal territory and Berlin (West), or with a person acting for such government, party, association or institution shall be punished with imprisonment.

2

Whoever, acting for a government, a party, any other association of an institution outside the Federal territory and Berlin (West), establishes relations of the type described in paragraph 1 of this Section with another person or maintains such relations shall be punished in like manner.

Section 8

1

Whoever, with intent to cause or promote a war, an armed enterprise or measures of compulsion against one of the Three Powers of the Forces, establishes or maintains relations with a government, a party, any other association or an institution outside the Federal territory and Berlin (West), or with a person acting for such government, party, association or institution, shall be punished by imprisonment with hard labour (Zuchthaus).

2

If the offender acts with intent to cause or promote such other measures or plans of a government, a party, any other association or an institution outside the Federal territory and Berlin (West) as are designed to prejudice the security of one of the Three Powers or of the Forces, the penalty shall be imprisonment. The attempt is punishable.

3

Whoever, with intention to cause or promote one of the measures or plans specified in paragraphs 1 and 2 of this Section, makes or circulates untrue or grossly distorted statements of facts shall be punished by imprisonment. The attempt is punishable.

4

In especially serious cases under paragraph 1 of this Section the penalty may be imprisonment with hard labour (Zuchthaus) for life; in especially serious cases under paragraphs 2 and 3, the penalty may be imprisonment with hard labour (Zuchthaus).

Section 9

1

in addition to the penalties under Section 2 and paragraph 1 of Section 8, a fine of unlimited amount;

in addition to the penalties under Sections 3, 4 and 7 and paragraphs 2 and 3 of Section 8, a fine;

in addition to imprisonment of not less than three months imposed for a wilfully committed offence, for a period of one to five years, incapacity to hold public office and the loss of the right to vote and to be elected as well as the loss of rights acquired through public election;

in addition to imprisonment of any type imposed under Sections 2, 4, 5, 7 and 8, authorisation to place the convicted person under police supervision.

TITLE II. — SABOTAGE

Section 10

1

Whoever wilfully damages, destroys, renders unserviceable or displaces military equipment of the Forces or an installation intended for defence within the meaning of Article 4 of the Convention on Relations between the Three Powers and the Federal Republic of Germany and thereby wilfully endangers the security of the Forces or their readiness for action shall be punished by imprisonment for not less than three months. In serious cases, imprisonment with hard labour (Zuchthaus) shall be imposed.

2

Whoever wilfully manufactures or delivers in a defective manner military equipment or a defence installation or raw material reserved for defence and thereby wilfully endangers the security of the Forces or their readiness for action shall be punished in like manner.

Section 11

Whoever unlawfully obstructs or disturbs the Forces or individual members of the Forces in the exercise of their official duties and thereby wilfully endangers the security of the Forces or their readiness for action shall be punished by imprisonment, unless a more severe penalty is provided for the act by other provisions.

TITLE III. — UNDERMINING THE WILLINGNESS TO SERVE AND THE DISCIPLINE OF THE FORCES

TITLE V. — APPLICATION OF PROVISIONS OF THE GERMAN CRIMINAL CODE IN FAVOUR OF THE FORCES

Section 16

The following provisions of the Criminal Code shall apply mutatis mutandis in favour of the Forces:

(a) sub-paragraph 2 of paragraph 1 and paragraph 2 of Section 96 to acts directed against the national symbols of the Forces;

(b) sections 113, 115 and 116—to resistance, riot and unlawful assembly, if these offences are committed against the Forces, their soldiers, officials or such of their employees as were summoned to assist them;

(c) section 115—to coercion committed against the Forces, their soldiers and officials;

(d) sections 120, 121, 122b and 347—to acts against the detention of prisoners held by the Forces or committed upon their orders to an institution;

(e) sections 123 and 124—to trespass committed against the peace of the premises of the Forces which are assigned to public service and traffic;

(f) section 132—to falsely impersonating a soldier or an official of the Forces and to unauthorised exercise of official functions of such persons;

(g) section 333—to bribing soldiers or officials of the Forces or such of their employees as have been formally bound to conscientious fulfilment of their duties under general or special instructions of a superior authority.

ANNEX B. to the Convention on the Rights and Obligations of Foreign Forces and their Members in the Federal Republic of Germany

Provisions on Radio Frequencies

1

(a) the term “radio station” shall be determined by Article 1 of the Radio Regulations annexed to the International Telecommunication Convention, Atlantic City, 1947;

(b) “security frequencies” are those frequencies used solely by the Forces for military and related purposes, including broadcasts for members of the Forces, but not for propaganda purposes;

(c) “security bands” are those frequency areas of the radio spectrum used solely by the Forces for military and related purposes, including broadcasts for members of the Forces, but not for propaganda purposes;

(d) “mixed bands” are those frequency areas of the radio spectrum which are used by the Forces for military and related purposes, including broadcasts for members of the Forces, but not for propaganda purposes, and in which at the same time civil radio stations may be operated under specified conditions.

2

The radio stations of the Forces shall only be operated on the frequencies defined in sub-paragraphs (b) to (d) inclusive of paragraph 1 of these provisions and in conformity with the provisions of Article 47 of the International Telecommunication Convention, Atlantic City, 1947, or such provisions as may replace them.

3

A frequency Committee is hereby established, to be composed of representatives of the appropriate authorities of the Three Powers and of representatives of the Federal Republic. The Frequency Committee shall make its decisions by unanimous vote.

4

Security frequencies, security bands and mixed bands, including the technical conditions to be fixed in the mixed bands pursuant to sub-paragraph (d) of paragraph 1 of these provisions, which are required for the radio stations of the Forces, and the modifications in the frequencies allocated or assigned to the Forces on the entry into force of the present Convention, shall be fixed by the Frequency Committee. The members of the Frequency Committee shall co-ordinate all frequency allocations as far as necessary to avoid harmful interference. Monitoring services shall be available to the Frequency Committee. Monitoring reports containing information on frequencies defined in sub-paragraphs (b) to (d) inclusive of paragraph 1 shall be transmitted to international bodies only as agreed by the Frequency Committee. Information on civil frequencies shall be available to the Frequency Committee. No frequency allocations will be made and no operations permitted which shall interfere either with the frequency allocations in effect on the entry into force of the present Convention or with the frequency allocations made by the Frequency Committee in accordance with this paragraph.

5

If at international conferences problems are raised for which the Frequency Committee is competent, the German representatives shall take into adequate consideration the decisions, if any, made by the Frequency Committee and use all their influence to protect the frequency bands and frequencies which are within the competence of the Frequency Committee.

Article 1

1 In the present Convention the following terms shall, unless the context otherwise requires, have the same meanings as are given to them in Article 1 of the Convention on the Rights and Obligations of Foreign Forces and their Members in the Federal Republic of Germany (hereinafter referred to as “the Forces Convention”):

The Federal territory;

The Three Powers;

Other Sending State;

The Power concerned;

The Forces;

Authorities of the Forces;

Members of the Forces;

Accommodation.

2 In the present Convention the following additional terms shall be given the meanings hereinafter indicated:

(a) Authorities of the Power concerned: The authorities of the Power concerned, including the authorities of its Forces.

(b) Deleted.

(c) Funds for the support of the Forces: Funds of the Federal Republic which are made available in accordance with paragraphs 1 to 3 of Article 4 of the present Convention to the Powers concerned to assist in meeting the costs of the Forces stationed in the Federal territory and their members.

Article 2

The authorities of the Powers concerned and the German authorities shall extend to each other full co-operation and assistance to further the purposes of the present Convention, shall exchange all information available to any of them which may be necessary for the implementation of the present Convention, and shall afford to each other the services of any of their respective agencies to assist in the satisfactory implementation of the present Convention.

Article 3

Article 4

(a) From the entry into force of the present Convention until the entry in to force of the arrangements for the German Defence Contribution, the Federal Republic will provide a monthly average contribution of DM 600 million as funds for the support of the Forces.

(b) Out of the sum of DM 600 million referred to in sub-paragraph (a) of this paragraph a sum of DM 100 million a month will be earmarked for particular defence measures agreed jointly between the Three Powers and the Federal Republic, which latter sum will include expenditure for the NATO Infrastructure Programme. Payment of claims for Occupation damages can be included.

(c) The provisions of sub-paragraphs (a) and (b) of this paragraph apply in any case only until June 30, 1955. If the arrangements for the German Defence Contribution enter into force after that date, negotiations shall take place between the Federal Republic and the Three Powers concerning the contribution of the Federal Republic to the support of the Forces for the period after June 30, 1955 and before the entry into force of the arrangements for the German Defence Contribution.

2 During the first twelve months after the entry into force of the arrangements for the German Defence Contribution, the Federal Republic will make available as funds for the support of the Forces a total amount of DM 3,200 million. These funds shall be made available as follows:

DM 400 million a month for the first two months;

DM 300 million a month for the next four months;

DM 200 million a month for the last six months.

If the arrangements for the German Defence Contribution enter into force after June 30, 1955, these provisions shall not apply, and negotiations shall take place between the Federal Republic and the Three Powers concerning the contribution of the Federal Republic to the support of the Forces for a period not exceeding twelve months after the entry into force of the arrangements for the German Defence Contribution.

3 The Three Powers recognise the right of the Federal Republic to propose that the provisions of paragraph 2 of this Article be re-examined should it consider that the burden imposed by the build-up of the agreed German forces justifies such re-examination. In this event, the Signatory States will examine all the relevant factors and if found necessary will agree to amend the above provisions on funds for the support of the Forces.

4 In accordance with the spirit of Article 3 of the North Atlantic Treaty the Federal Republic agrees that at the end of the period laid down in paragraph 2 of this Article it will be prepared to negotiate with other member Governments of the North Atlantic Treaty Organisation who have forces stationed in the Federal territory in respect of questions relating to the support (for example, goods and services) of those forces having regard to the requirements of the forces of the Federal Republic.

5 Funds to be made available in accordance with paragraphs 1 to 3 of this Article for one period of time may be utilised in other periods in accordance with the provisions of paragraph 6 of this Article. The Three Powers will be responsible for allocating or reallocating among the Powers concerned, after consultation with the Federal Government, the amount made available in accordance with this Article. The provisions of Article 5 of the present Convention shall apply to the expenditure of these funds except to the extent that such funds are expended in accordance with sub-paragraph (a) of paragraph 6 of this Article.

6 The only expenditures chargeable to the funds for the support of the Forces made available in accordance with paragraphs 1 to 3 of this Article shall be:

(a) amounts expended on payment authorisations issued after the entry into force of the present Convention to satisfy liabilities for accommodation, goods, materials or services procured or ordered before the entry into force of the present Convention by the authorities of the Powers concerned as a charge to occupation costs or mandatory expenditures, to the extent that such amounts are not covered by unexpended occupation costs and mandatory expenditure funds remaining available to the Three Powers for the purpose after the entry into force of the present Convention;

(b) amounts expended on payment authorisations issued before the end of the period covered by paragraph 2 of this Article under the Deutsche Mark budgets of the Powers concerned established in accordance with Article 5 of the present Convention. To the extent that the funds provided under paragraph 1 of this Article have not been fully expended to meet payment authorisations issued before the end of the period covered by that paragraph they will remain available to the Forces for a period of eighteen months for the liquidation of liabilities then outstanding which are chargeable to the funds for the support of the Forces. A corresponding procedure will apply to the funds made available in accordance with paragraph 2 of this Article; however, the latter funds will remain available to the Forces after the end of the relevant period for twelve months; and

(c) amounts expended for such other purposes as may be agreed between the Federal Republic and the Three Powers.

7 The Three Powers undertake to make a consistent effort to ensure that the carry-over will not increase and shall be substantially reduced as rapidly as possible. The authorities of the Three Powers and the Federal Republic will co-operate fully for this purpose and will assist each other by exchanging relevant information and in any other appropriate ways. The carry-over within the meaning of this paragraph is that part of the funds made available by the Federal Republic for occupation costs and mandatory expenditures which has not been disbursed, together with that part of the funds made available in accordance with paragraph 1 of this Article which has similarly not been disbursed.

Article 5

1 Funds for the support of the Forces shall be expended exclusively for that purpose. The Three Powers undertake to keep the costs chargeable to these funds to the minimum compatible with the military efficiency of the Forces of the Powers concerned, and to utilise the funds efficiently and economically.

2 Budgets will be established by each of the Powers concerned, and the expenditure of funds for the support of the Forces shall be in accordance with such budget categories and within such limits of amount as are established in the estimates prepared by the Powers concerned at the time of the agreement on the sum to be made available under the present Convention. Each of the Powers concerned may freely transfer amounts among the different categories of its budget provided that such transfers result in a change of not more than 10 per cent. in the amount originally established for any major category. Advance notice of such transfers will be given to the Federal Republic in order to enable it to make its recommendations. Transfers which result in a change of more than 10 per cent. may be effected by agreement between the Three Powers and the Federal Republic.

3 The Powers concerned and the Federal Republic may, by special agreement, consolidate in a special budget the expenditures for construction in the Federal territory of

(a) accommodation for the Forces of the Powers concerned or for the forces of German origin,

(b) the installations and works referred to in Article 20 of the Forces Convention,

Article 6

1 Subject to the provisions of Article 4 of the present Convention, the Federal Republic shall take all steps necessary to make available, as required, the funds for the support of the Forces.

2 Except as provided in paragraph 4 of this Article, such funds shall be disbursed by the appropriate German payment offices on the basis of payment authorisations issued by the appropriate authorities of the Forces. These payment authorisations shall certify that payment within the appropriate budget category of the Power concerned is authorised in accordance with the terms of the present Convention, and appropriate documentation of services rendered shall be attached. In the amount specified by the payment authorisation, the appropriate German payment offices shall, after presentation of the payment authorisation, effect the payment so certified. The authorised representatives of the Power concerned may examine the German records relating to the payments made by the appropriate German payment offices.

3 Accounts of expenditures and receipts shall be kept by each Power concerned, on the one hand, and by the Federal Republic, on the other hand, and shall conform with uniform nomenclature agreed by the Three Powers and the Federal Republic. If the accounts of the Federal Republic and those of any of the Powers concerned are not in agreement, after each has been audited in accordance with the procedures applicable under German law or regulations or the law or regulations of the Power concerned, as the case may be, reconciliation shall be made under procedures to be established by the Co-ordinating Committee to be set up pursuant to Article 14 of the present Convention. Reports of expenditures and receipts shall be made periodically to the Co-ordinating Committee.

4 The Powers concerned may obtain from German payment, offices funds for payment through their own agencies of

(a) minor expenditures in accordance with the regulations of the Power concerned, or

(b) any other expenditures which it is agreed require such procedure.

These expenditures shall be certified and documented in accordance with paragraph 2 of this Article.

Article 7

1 The following types of facilities and services shall be used or enjoyed by the Forces, for themselves and for their members, without charge:

(a) administrative services or assistance of German public agencies, unless agreed to be of a special character warranting payment;

(b) roads, highways, bridges;

(c) navigable waters, unless fees for services rendered are payable under German regulations applicable from time to time to military users;

(d) German police, public health and fire protection services, unless agreed to be of a special character warranting payment;

(e) other public services and facilities normally enjoyed by residents of the Federal territory without payment of a specific charge;

(f) meteorological, topographical and cartographical facilities and services, unless agreed to be of a special character warranting payment;

(g) the following types of property, except in respect of repairs and maintenance:

(i) property belonging to the Federal Republic, other than property administered by the German Federal Railways or Federal Post, unless it is agreed that an exception should be made in the case of property acquired after the entry into force of the present Convention for use for purposes other than defence;

(ii) property previously owned by the former Reich which is subject to the administration of the Federal Republic in accordance with the Law for a Provisional Settlement of the Legal Status of Reich Property and the Prussian Shares of 21 July 1951 (Bundesgesetzblatt Teil I Seite 467) and the Ordinance for the Implementation of Article 6 of that Law of 26 July 1951 (Bundesgesetzblatt Teil I Seite 471), other than property administered by the German Federal Railways or Federal Post;

(iii) property which has been constructed or procured by expenditures either from occupation costs or mandatory expenditures or from funds for the support of the Forces except that:

(1) where property, other than property used without charge under items (i) and (ii) of this sub-paragraph, has been reconstructed by such expenditures, rent shall be paid in an amount to be reduced in the same proportion as the cost of reconstruction bears to the total value of the property; and

(2) ground rent shall be paid for sites which are not the property of the Federal Republic.

2 If property of any of the Länder is used by the Forces, for themselves or their members, the Federal Republic undertakes to ensure that the Forces are relieved from liability for any claims of the Land concerned to compensation for such use under German law.

3 With respect to property used free of charge under sub-paragraph (g) of paragraph 1 and property referred to in paragraph 2 of this Article, the Federal Republic will satisfy the owner's liability, if any, under German law to pay land taxes.

4 Members of the Forces shall in their own right receive or enjoy free of charge such services or facilities as are normally enjoyed by other persons in the Federal territory without charge.

5 Military aircraft of any Power concerned (including aircraft operated under the control of the Forces of such Power) shall not be charged a fee for landing on, or departing from, civil airfields in the Federal territory, unless, in the case of airfields not owned or administered by the Federal Republic, fees are payable under German regulations applicable from time to time to military users. No fee shall be charged for landing by such aircraft in distress.

6 In general the cost of the construction, repair and maintenance of transport and communications facilities, installations and equipment, and public utility facilities, which serve common civilian and military use shall not be charged to the defence contribution of the Federal Republic. Where, however, these facilities are not revenue producing and the civil use is small or where there are any other special circumstances which justify a departure from the general rule, the extra costs attributable to the military requirements will by prior specific agreements be shared or borne, as the case may be, by the Forces.

Article 8

1 Subject to the provisions of Article 9 of the present Convention, claims in respect of loss or damage caused, after its entry into force, by acts or omissions of the Forces in the Federal territory shall be dealt with in accordance with the provisions of this Article and shall not be asserted otherwise than in accordance with such provisions.

2 The following shall be deemed to be acts or omissions of the Forces:

(a) an act or omission of a member or employee of the Forces, or of a person working for the Forces pursuant to Article 44 or 45 of the Forces Convention, in the performance of his official duties;

(b) an activity of the Forces;

(c) an act or omission causing damage in excess of fair wear and tear to accommodation or movable property made available for use by the Forces in accordance with the Forces Convention, where such damage occurs in the course of such use;

(d) an act or omission of a member of the Forces taking part in manoeuvres of the Forces causing damage to immovable property.

3 Damage caused to accommodation or movables which have been made available for use by the Forces shall be deemed to be caused on the date of its release by them, and the claim shall be deemed first to arise on that date.

4 In determining whether and to what extent compensation shall be paid for loss or damage caused by acts or omissions of the Forces, the appropriate agencies of the Forces shall give due consideration to the provisions of German law which would determine the liability of the Federal Republic in similar circumstances. Claims shall be determined without regard to the exemptions from German traffic regulations to which the Forces are entitled under paragraphs 3 and 5 of Article 17 of the Forces Convention.

5 No claim shall be dealt with under this Article in respect of

(a) damage to public roads, highways, bridges, navigable waterways and other traffic facilities resulting from their use by the Forces, their members or employees, for normal traffic purposes;

(b) loss of, or damage to, any property used by the Forces free of charge under item (iii) of sub-paragraph (g) of paragraph 1 of Article 7 of the present Convention;

(c) loss or damage arising under contracts or quasi-contractual relationships.

6 A claimant shall be deemed to have waived his claim against the Forces if he does not file it within ninety days of the time when he first knew of the loss or damage, unless there was reasonable excuse for his failure to file the claim within such period, particularly if he did not know against whom the claim should be asserted. Any claim not received by the agency of the Forces within one year of the date of the incident causing the loss or damage or, in the case of loss or damage referred to in sub-paragraph (c) of paragraph 2 of this Article, within one year from the release of the property, shall not be dealt with.

7 Claims shall be filed with the appropriate German agencies in a form to be agreed between the German authorities and the Forces of the Power concerned.

8 The German agency shall

(a) immediately forward to the appropriate agency of the Forces of the Power concerned such particulars of the claim as the latter agency may require; and

(b) investigate the claim within a reasonable time and make a reasoned recommendation thereon to the agency of the Forces.

9 The agency of the Forces shall consider whether and to what extent compensation should be paid for the loss suffered. It shall notify the claimant and the German agency of its decision. If the claimant accepts in full satisfaction of his claim the amount of the compensation awarded by the agency of the Forces, payment shall be made in accordance with procedures to be agreed between the Federal authorities and the Forces of the Power concerned.

10 If the claimant does not accept the compensation offered, or does not agree with the rejection of his claim, he may, within two months after he has been notified of the decision, bring an action upon his claim in the ordinary German courts against the Federal Republic.

11 The appropriate agencies of the Forces shall make available to the German authorities, upon request, information and evidence in their possession which would assist in the defence of such an action, in so far as they may do so under the regulations of the Power concerned.

12 The appropriate agency of the Forces may, if it so desires, participate in any such action against the Federal Republic by

(a) requiring the Federal Republic to plead certain defences or to appeal, or

(b) appearing as a third party defendant (Nebenintervenient) in accordance with the provisions of the German Code of Civil Procedure.

13 The appropriate German agency shall notify the agency of the Forces of the judgment in any such action and the grounds given therefor. Should the judgment of the court differ from the decision of the agency of the Forces, then

(a) if the authorities of the Forces participated in the action against the Federal Republic as provided in paragraph 12 of this Article, the decision of the agency shall be modified so as to accord with the judgment; but

(b) if the authorities of the Forces did not participate in the action, the agency of the Forces shall, upon request of the German authorities, reconsider its decision taking into account; the judgment of the court. If upon such reconsideration the agency intends to adhere to its original decision, it shall inform the German authorities of that intention and shall give the German authorities an opportunity to state their views.

Any compensation payable upon a final decision taken in accordance with this paragraph shall be paid under the procedures referred to in paragraph 9 of this Article.

14 Compensation awarded under a decision of an agency of the Forces shall, for the periods specified in paragraphs 1 and 2 of Article 4 of the present Convention, be chargeable to the funds for the support of the Forces of the Power concerned unless otherwise agreed between the Federal Republic and the Power concerned. An agreement between the Federal Republic and the United Kingdom of Great Britain and Northern Ireland in that regard and in relation to ancillary procedure is annexed to the present Convention as Annex A. A similar agreement between the Federal Republic and the United States of America is annexed to the present Convention as Annex B.

15 Nothwithstanding the other provisions of this Article, claims in respect of damage caused to accommodation or movables which have been made available for use by the authorities of the Power concerned before the entry into force of the present Convention, and released by them after the end of the period covered by paragraph 2 of Article 4 of the present Convention shall be determined by the German authorities and shall not be charged to the funds for the support of the Forces, or to the Power concerned.

16 Claims of inhabitants of the Federal territory against persons who are members of the Forces by reason of a military service relationship or employees of the Forces who are nationals of the Powers concerned, which arise from acts or omissions outside the performance of official duties for the Forces, may be asserted, determined and satisfied in accordance with paragraphs 6, 7, 8, 9 and 14 of this Article. The normal remedies of the claimant against the person who caused the loss or damage shall remain unaffected, unless the claimant accepts payment of an award made by an agency of the Forces in final settlement of the claim. The first sentence of this paragraph shall not apply to claims for which the person causing the loss or damage is covered by a contract of liability insurance or pays compensation out of his own means.

17 If in any civil action before a German court involving any claim covered by this Article it is necessary to decide whether or not an act or omission occurred in the performance of official duties, a certificate on such question shall be obtained from the appropriate agency of the Forces. Upon request of the court or the German authorities in a particular case, the agency of the Forces will review the certificate. Any certificate given shall be conclusive on the question involved.

Article 9

1 Each Power concerned, for its part, and the Federal Republic, for its part, waives all claims against the other for loss of, or damage to, any property in the Federal territory owned by it caused after the entry into force of the present Convention by activities, acts or omissions of agencies or persons, for whose acts or omissions the other is legally responsible, in the performance of their official duties. This waiver shall not apply to loss of, or damage to, property of the German Federal Railways or Federal Post, or to loss or damage for which those organisations are responsible.

2 In application of the principle expressed in paragraph 1 of this Article, claims for loss of, or damage to, property used by the Forces free of charge pursuant to items (i) and (ii) of sub-paragraph (g) of paragraph 1 of Article 7 of the present Convention, and claims arising from increases in the value of such property, shall be deemed to cancel each other out.

3 The Federal Republic undertakes to ensure that each Power concerned is relieved of liability for claims of any Land of the Federal Republic arising from acts or omissions of the Forces as defined in paragraph 2 of Article 8 of the present Convention.

Each Power concerned undertakes to renounce in favour of the Federal Republic all corresponding claims which it may have against any Land of the Federal Republic. Each Power concerned further undertakes to renounce in favour of the Federal Republic claims in respect of improvements leading to an increase in value of the property referred to in paragraph 2 of Article 7 of the present Convention.

Article 10

1 Payments by the Federal Republic in satisfaction of any claims referred to in Article 3 of Chapter Nine of the Convention on the Settlement of Matters Arising out of the War and the Occupation may be charged to the funds for the support of the Forces only to the extent agreed between the Federal Republic and the Powers concerned.

2 Any claims referred to in paragraph 1 of this Article which the agencies of the Power concerned have not determined before the entry into force of the present Convention shall be submitted to the appropriate agencies of the Federal Republic.

Article 11

1 Receipts arising from the following sources shall accrue to the Federal Republic and shall be duly accounted for:

(a) the disposal of any movable property which so far as can be ascertained was purchased from Reichsmark or Deutsche Mark occupation costs or mandatory expenditure funds;

(b) payments by third parties of amounts in consideration of improvements which lead to an increase in value of their property as a result of expenditure from Reichsmark or Deutsche Mark occupation costs or mandatory expenditure funds;

(c) repayment claims against third parties arising out of overpayments from Reichsmark or Deutsche Mark occupation costs or mandatory expenditure funds.

2 The Deutsche Mark value of receipts arising from the following sources shall accrue to the Power concerned and shall be used in accordance with the provisions of Articles 5 and 6 of the present Convention on the basis of supplementary Deutsche Mark budget estimates to be agreed between the Power concerned and the Federal Republic:

(a) the disposal of any movable property purchased by expenditure from funds for the support of the Forces. Any amounts accruing pursuant to this sub-paragraph shall be the sale price of the property concerned if it is sold, less the costs of disposal, or if the property is not sold, a value to be fixed by impartial valuation in accordance with conditions to be agreed between the Federal Republic and the Power concerned;

(b) any receipts in Deutsche Mark or in kind arising out of the use by the Forces of accommodation, goods, materials and services provided under the present Convention or the Forces Convention, provided that any Deutsche Mark amounts received from persons or agencies not members of the Forces, as compensation for the use of accommodation in connection with services performed for the Forces and their members, shall accrue to the Federal Republic;

(c) payments by third parties of amounts in consideration of improvements which lead to an increase in value of their property as a result of expenditure from funds for the support of the Forces. However, such payments by Länder of the Federal Republic shall accrue to the Federal Republic;

(d) repayment claims against third parties arising out of overpayments from funds for the support of the Forces.

3 The Federal Republic shall with due diligence assert and prosecute such claims as fall to be made under sub-paragraphs (c) and (d) of paragraph 2 of this Article. The authorities of the Power concerned may require that they be consulted in due time before the assertion of any claim under sub-paragraph (c) of paragraph 1 or sub-paragraph (d) of paragraph 2.

Article 12

1 Payments for accommodation, goods, materials or services provided for the Forces and their members shall be subject to the provisions of this Article.

2 Subject to the effect of the tax and customs exemptions provided in the Forces Convention or any other applicable agreement, the prices paid in satisfying the requirements of the Forces shall conform in principle to price and wage levels prevailing from time to time in the Federal territory but the authorities of the Power concerned shall receive terms and conditions not less favourable than those afforded to comparable purchasers. When the requirements of the Forces are satisfied through procurement by the German authorities, or other expenditures chargeable to funds for the support of the Forces are made by the German authorities, the amount to be paid shall be determined in agreement with the authorities of the Power concerned. Except in the case of goods procured for consumption by persons normally resident in the Federal territory, the Power concerned shall not benefit from any subsidies granted by the Federal Republic to lessen the price of goods in the interest of the individual German consumer. The procedures for implementation of the preceding sentence shall be established by the subsidiary agreements provided for in Article 17 of the present Convention.

3 Compensation for accommodation, goods, materials or services obtained for the Forces by requisition under the Federal legislation referred to in paragraph 3 of Article 37 of the Forces Convention shall be determined by the appropriate German authorities, in consultation with the authorities of the Power concerned, in accordance with the provisions of that legislation and the principles expressed in the first sentence of paragraph 2 of this Article. Until the entry into force of such Federal legislation, the existing basis for assessment of compensation for accommodation, goods, materials and services requisitioned for the Forces shall remain in force.

4 The wage and salary rates for civilian personnel referred to in Article 44 of the Forces Convention shall be determined in accordance with paragraph 5 of that Article. The amounts chargeable to the funds for the support of the Forces shall include the employer's contribution to social insurance funds and the premiums for statutory accident insurance payable under German law.

5 The transport facilities and services afforded to the Forces and their members under the agreements mentioned in paragraph 3 of Article 41 of the Forces Convention shall be paid for at the rates established in those agreements. Before the expiry of the said agreements, other tariff agreements consistent with the principles of paragraph 2 of this Article and Article 41 of the Forces Convention shall be concluded as provided in the latter Article.

6 The facilities and services of the German public posts and telecommunications agencies afforded to the Forces and their members under Article 42 of the Forces Convention, and any facilities made available by the Forces to the German authorities under paragraph 5 of that Article, shall be paid for at rates established in accordance with paragraph 1 of that Article.

Article 13

1 Except in special cases which may be the subject of agreement between the Powers concerned and the Federal Republic the expenditure of funds for the purpose of capital works shall be in accordance with the provisions of this Article.

2 Prior to the end of the period covered by paragraph 2 of Article 4 of the present Convention, the following costs for construction of accommodation shall be chargeable to the funds for the support of the Forces:

(a) all material, labour and other costs of construction, including the cost of preparation of the site;

(b) the cost of constructing transport, communications and public utility facilities and installations on, or leading to, the site, provided that such facilities are furnished exclusively to serve the accommodation concerned;

(c) the cost of replacing or re-routing to a standard not higher than that previously existing, transport, communications or public utility facilities and installations no longer available for public use by reason of the construction of the accommodation concerned.

In the case of costs referred to in sub-paragraphs (b) and (c) of this paragraph which are incurred by the German authorities on behalf of the Forces, the amount of expenditures to be charged to the funds for the support of the Forces shall be determined in agreement with the authorities of the Forces. Where the facilities and installations referred to in sub-paragraphs (b) and (c) of this paragraph are revenue producing, or may constitute or form part of improvements included in a German development plan, the costs thereof shall be chargeable to the funds for the support of the Forces in the proportion agreed between the Powers concerned and the Federal Republic.

3 During the period covered by paragraph 1 of Article 4 of the present Convention, the costs of the installations and works referred to in Article 20 of the Forces Convention shall be chargeable to the funds for the support of the Forces. During the period covered by paragraph 2 of Article 4 of the present Convention, the costs of the above mentioned installations and works shall be chargeable to the funds for the support of the Forces to the extent that provision is made therefor in the budgets of the Powers concerned. If installations and works should be carried out for which no provision has been made in such budgets, their financing shall be determined by prior agreement between the Federal Republic and the Powers concerned.

4 Any expenditures, other than those provided for in paragraph 2 of this Article, made prior to the end of the period covered by paragraph 2 of Article 4 of the present Convention and related to the acquisition and evacuation of accommodation for the Forces shall not be charged to the funds for the support of the Forces or to the Powers concerned.

Article 14

A permanent Co-ordinating Committee composed of representatives of the Three Powers and of the Federal Republic shall be established to carry out the tasks assigned to it under the present Convention, to co-ordinate the implementation of the present Convention, and to consider and make recommendations to the Signatory States concerning the removal of any doubts or difficulties arising in connection therewith which cannot be resolved directly by consultation between the competent authorities and services concerned.

Article 17

1 The Three Powers, or any Power concerned, and the Federal Republic will conclude, where necessary or desirable, subsidiary agreements regarding the implementation of the present Convention, particularly the provisions of Article 6.

2 The negotiation and implementation of these subsidiary agreements shall be co-ordinated through the Co-ordinating Committee established pursuant to Article 14 of the present Convention.

Article 18

2 The provisions of the present Convention shall apply to the Forces of other Sending States and to the members of such Forces, except where excluded or modified by any agreement which may be made between any of such other Sending States and the Federal Republic.

Article 19

The Arbitration Tribunal established by the Convention on the Relations between the Three Powers and the Federal Republic of Germany shall not have jurisdiction

(a) in matters which under paragraphs 1 to 4 of Article 4 of the present Convention are to be settled by negotiation;

(b) to determine questions as to the extent of the competence or to review the decisions of the German agencies and agencies of the Forces referred to in Article 8 or of the Co-ordinating Committee to be established under Article 14 of the present Convention.

IN FAITH WHEREOF the undersigned representatives duly authorised thereto by their respective Governments have signed the present Convention, being one of the related Conventions listed in Article 8 of the Convention on Relations between the Three Powers and the Federal Republic of Germany.

Done at Bonn this twenty-sixth day of May, 1952, in three texts, in the English, French and German languages, all being equally authentic.

ANNEX B. TO SIR F. HOYER MILLAR'S LETTER OF JUNE 11, 1956, TO H.E. MONSIEUR A. LAMPING, AMBASSADOR OF THE NETHERLANDS AT BONN

No. II

I have the honour to refer to Your letter, dated today, which reads as follows.

[Red: (Zoals in No. I)]

I have the honour to inform Your Excellency that the above proposals are acceptable to the Netherlands Government and accordingly agree that Your letter with its Annexes and this my reply shall constitute an agreement between our two Governments in this matter, valid for the maximum period of one year from today.

I have the honour to be with the highest consideration,

Your Excellency's obedient servant,

(sd.) A. TH. LAMPING

His ExcellencySir Frederick R. Hoyer Millar, KCMG, CVOAmbassador Extraordinary and Plenipotentiaryof the United Kingdom of Great Britainand Northern IrelandBonn.